Divisional Engineer vs SATISIH KUMAR DIXIT

THIS is an appeal against the judgment and order dated 7.11.1991 passed by District Consumer Forum, Bijnor in Complaint Case No. 107/1992.

THE facts of the case stated in brief are that the complainant had a Telephone No. 2446. This telephone has been disconnected without any prior information on 12.4.1992. When he enquired about the reasons for its disconnection, a demand notice of Rs. 12,513/- was served on him which was to be paid by 16.4.1992. According to the complainant this demand note was wrong and the complainant did not use his telephone for such a huge amount. THE complainant has prayed that this demand note be corrected and compensation of Rs. 2,000/- be awarded to him. The opposite party in its written version has alleged that STD facility is available to the complainant. Complainant''s bill dated 11.11.1991 was for Rs. 1,201/-, bill dated 18.11.1991 was for Rs. 36/- and bill dated 13.1.1992 was for Rs. 11,276/-. The complainant uses STD facility and hence the demand note is correct.

The learned District Forum after considering the case of the parties, directed the Telephone Department to reduce the bill of Rs. 10,976/- to Rs. 4,000/- and restore the telephone connection immediately.

AGGRIEVED against the order of the learned District Forum, the Telecommunication Department has come in appeal and has challenged the correctness of the order passed by the District Forum. We have heard the learned Counsel for the appellant. Although notice was sent to the opposite party on service postage stamps, none was present on the date of hearing. Hence the case was heard ex-parte.

LEARNED Counsel for the appellant has argued that the complainant has an STD facility and it is possible that he might have excessively used the telephone''s STD facility during this period. There appears to be weight in the argument of the learned Counsel for the appellant because in the judgment it has been mentioned that one of daughters of the complainant lives in America. It is immaterial whether the payment of previous period or of any other bills was less. When there is an STD facility and there is no defect in the telephone equipment, it cannot be presumed that the bills will not be on the higher side. The order of the learned District Forum is thus liable to be set aside. ORDER The appeal is allowed and the judgment and order of the learned District Forum are set aside and complaint is dismissed. Let copy as per rules be made available to the parties. Appeal allowed.