Tribunals and Commissions

DIVISIONAL ENGINEER, TELEPHONES vs RAVINDRA KUMAR PODDAR

National Consumer Disputes Redressal Commission · Decided on 1 January 2001 · Citation: 2001 1 CPC 541 : 2001 1 CPJ 482

HON’BLE JUDGES
K.C.Bhargava , D.D.Bahuguna J.
RESULT
Appeal allowed
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Judgment

5 paragraphs · 368 words
1.

THIS is an appeal against the judgment and order dated 22.5.1992 passed by District Consumer Forum, Azamgarh in Complaint Case No. 19/91.

2.

THE facts of the case stated in brief are that the complainant has challenged the telephone bills dated 29.9.1990, 1.1.1991, 29.3.1991, 1.5.1991 and 1.7.1991. According to the complainant, in the year 1990 his maximum bill was of Rs. 474/- and the minimum bill was of Rs. 200/-. The opposite party has alleged in the written statement that now STD connection has been given to the complainant hence the telephone must have been used frequently. The telephone meter is correct. The learned District Consumer Forum, after considering the case of the parties directed that the Telephone Department shall pay a sum of Rs. 2,000/- as compensation and Rs. 200/- as cost.

Aggrieved against this order, the Telephone Department has come in appeal and has challenged the order passed by learned District Consumer Forum.

3.

ON the date of hearing none was present. The notices were sent to the parties by registered post on three occasions and lastly on Service Postage Stamp but none was present, therefore, the service is deemed sufficient on the parties. In the present case, it is an admitted fact that STD connection was given to the complainant. Before that his connection was non STD. When the connection was non-STD the bills were between Rs. 474/- and Rs. 200/- but after STD connection the amount of bills arose. When an STD connection has been installed, the telephone must have been used for outstation calls. In these circumstances, it cannot be said that the bills presented by the Department in favour of the complainant were of inflated amount. The bills produced by the Telephone Department appear to be correct in view of the fact that this telephone was an STD connection. In view of what has been said above, the appeal is liable to be allowed.

4.

THE appeal is allowed. THE judgment and order of the learned District Consumer Forum are set aside and the complaint is dismissed. There will be no order as to cost. Let copy of this order be made available to the parties as per rules. Appeal allowed.