MTNL vs Om Shakti Roller Flour Mills P Ltd

THE appellant had disconnected the telephone No. 6863596 subscribed by the respondent on account of arrears in respect of telephone bearing No. 6868518 belonging to M/s. Gujral Auto Industries Pvt. Ltd. As such the respondent had filed a complaint before the District Forum alleging deficiency in service on the part of the appellant. Vide impugned order dated 29.7.1999 the appellant was directed to restore immediately the telephone No. 6863597 (New No. 61931596) of the respondent and pay a compensation of Rs. 5,000.

AGGRIEVED by the said order, the present appeal has preferred before us. The case of the complainant before the District Forum, in brief, was that the respondent being the subscriber of telephone No. 6863596 had been regularly paying the dues in respect thereof. However, the same was disconnected on 17.12.1997 on account of non -payment of dues amounting to Rs. 5,25,203 in respect of telephone No. 6868518 belonging to M/s. Gujral Auto Industries Pvt. Ltd. on the ground that the respondent and the said M/s. Gujral Auto Industries Pvt. Ltd. were sister concerns having common Chairman and Managing Director, as well as, common Directors and also that both the companies were situated in the same premises, therefore, the appellant was authorised to disconnect the telephone in question of the respondent under the provisions of Rule 443 of the Indian Telegraph Rules.

MERELY because both the companies, the respondent, as well as, M/s. Gujral Auto Industries Pvt. Ltd., had common Directors and CMD and were functioning in the same premises would not lead to the conclusion that both the concerns having separate legal identity had nexus with each other to the extent that one concern was using the telephone of the other concern especially the telephone in qustion which was disconnected by the appellant. The appellant has failed to prove that M/s. Gujral Auto Industries Pvt. Ltd. after disconnection of its own telephone No. 6868518 on account of non -payment of dues started using the telphone in question bearing No. 6863596 installed at the premises of the respondent M/s. Om Shakti Roller Flour Mills (P) Ltd. No ENMR showing increased number of calls on telephone No. 6868518 after disconnectionof phone of Gujral Auto Industries (P) Ltd. has been produced in proof of the said contention by the appellant. Furthermore, the appellant could have proceeded legally for the recovery of the arrears due against the defaulting company in respect of the telephone No. 6868518 instead of disconnecting telephone of another subscriber.

AS such it was rightly held by the District Forum that the disconnection of the telephone of the respondent on account of dues of another subscriber was unjustified, amounting to deficiency in service and accordingly the impugned order is upheld and the present appeal is dismissed with no order as to cost. Bank Guarantee/FDR, if any, furnished by the appellant be returned forthwith.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal dismissed.