MAHAPRABHANDHAK vs K.L.SARAF

THE Telecom Department has filed this appeal against the order dated 23.6.2000 passed in Case No. 648/1999 by the District Consumer Disputes Redressal Forum, Gwalior (for short the ''District Forum'') whereby the complaint for deficiency in service in realisation of Hotline charges according to change in Tariff was allowed holding that the Telecom Department is not entitled to increase the Tariff unilaterally without affording opportunity to the parties on receipt of which the complainant applied for disconnection of Hotline Services hence ordered the complainant to deposit proportionate amount payable for the period from 9.9.1999 to 15.10.1999 as per prevailing rates.

AFTER hearing learned Counsel for the appellant and on perusal of the record, we are of the opinion that the order of the District Forum cannot be sustained in view of the decision in Writ Petition No. 831 of 2000, Kiran Jain v. Union of India & Ors., decided by the Division Bench of High Court of Madhya Pradesh at Jabalpur on 14.2.2001 followed by this Commission in Appeal No. 473/2001, Bharat Sanchar Nigam & Anr. v. Firm Kanhaiyalal Kishorilal, decided on 13.12.2001 wherein this Commission after considering the submissions observed in para 4 thus : "4. It is not necessary for us to go into the submission as the similar question raised in Writ Petition No. 831/2000, Kiran Jain v. Union of India & Ors., was considered by the Division Bench of the High Court of Madhya Pradesh at Jabalpur decided on 14.2.2001, wherein it has been observed thus : ''The main question for determination is whether increase in the tariff should have been notified to the petitioner or whether it was enough that the same has been notified in the Official Gazette. We are of the opinion that the Gazette notification is a notification to general public, which includes the petitioner. That having been done, requirement of public notice is satisfied and it was not necessary to notify the increase to the petitioner personally."

In view of the above, appeal is allowed. The order of the District Forum is set aside and the complaint is dismissed with no order as to costs. A copy of this order be conveyed to the parties and a copy be sent to the District Forum along with the record of the case. Appeal allowed.