G.M.MAHANAGAR TELEPHONES NIGAM LTD. vs SHRI GULSHAN RAI

THIS appeal is directed against the order dated 21.11.89 passed by the District Forum, Delhi.

THE brief facts of the case are that the respondent filed complaint alleging that he had been billed for excessive calls (3479 calls against telephone No. 644-5481 and 2895 calls against telephone No. 644-9230) and consequently prayed for relief contending that he may be billed on the basis of the calls made by him in the past. THE District Forum by its impugned order holding that there was no measure to determine whether the defect was with the appellant or with the complainant, ordered that in the interest of justice the complainant should be billed on the basis of the highest calls made from these telephones during the last six months. Accordingly the Forum held that against telephone bearing No. 6449230 he should be billed for 2366 calls and in respect of the telephone No. 6445481, the numbers of calls be determined at 1262. By way of relief the Forum directed the appellant to modify the bills issued against the said telephone Nos. accordingly. THE appellants feeling aggrieved by the aforesaid order have come in appeal before us. We have heard the learned Counsel for the parties and gone through the record. It has to be borne in mind that both the telephone numbers have the STD facilities and the complainant is a practising Chartered Accountant. There can therefore be no dispute that mostly the phones are being used by him for commercial purposes in connection with his professional activities. It need hardly be emphasised that the calls on the telephone by a professional are not made on a particular pattern but according to the exigency and load of his work. It was for the respondent to show that during the specific period for which he makes a grievance as to what was the load of work with him. That was within his personal knowledge. He has failed to do so calls will fluctuate according to the pressure of work.

The Forum has proceeded to decide this case on the assumption that the excess calls were due to a defect in the telephone and that they being no measure by which it could be decided whether the defect was with the appellant or with the complainant chose to determine the calls giving rough and ready justice.

THIS approach a judicial mind has to avoid. It is not the case of the complainant that there was a defect in the working of the telephones. On the contrary his stand is that unscruplous persons in the exchange and linesman who have access to the local junction box have been connecting unsuspecting subscribers telephone numbers for overseas and STD calls by businessmen and others for monetary gain. It need hardly be stated that a judicial pronouncement has to be supported on facts and law. The department has pin pointedly stated in its reply that the distribution point which is of vital importance is kept locked always to avoid any mischief. They have categorically stated that by a check it was found that there is no fault in the meters which may bring out any spurt. The meters are sealed and the outside distribution points are kept locked to avoid any misuse. In the face of this averment, the vague allegations made that it is widely known that unscruplous persons in the exchange and linesmen who have access to the local junction box have been connecting unsuspecting subscribers telephone numbers for overseas and STD calls by businessmen and others for monetary gain, is of no consequence and cannot take the place of evidence to determine the question. The respondent except for making the grievance has not produced cogent and convincing evidence to substantiate his plea. We see no basis for reducing the number of calls on the two telephones with STD facilities as ordered by the District Forum. For reasons stated above, we accept the appeal and set aside the impugned order. Appeal accepted.