PUNJAB CERAMICS LTD. vs Telecom District Manager

THIS appeal filed by the complainant is directed against the considered order passed by the District Forum, Bathinda, dismissing Complaint No. 224/1991 on its file.

THE case set-up by complainant-appellant was that he was a subscriber of telephone No. 3985 at Bathinda. His primal grievance was against the bills for telephone charges for the months of September, 1991 and November, 1991 for Rs .5,744/- and Rs .6,824/- respectively. It was alleged in the complaint that it seems that either due to some clerical error in the accounts or reading or due to some mechanical fault in the meter, the wrong bills were issued to the complainant. On notice being issued, the complaint was stoutly defended by the respondent-department. THE allegations of excessive bills were categorically controverted. It was the respondent'' case that the complainant being a business concern was using the S.T.D. facility with liberality. It was averred that the case of the complainant was thoroughly examined and the bills were found to be correct. The District Forum in its remarkably exhaustive order adverted to every aspect of the case and came to a categorical finding on the appraisal of evidence on the record that the complainant had not been able to establish either by direct or circumstantial evidence that the metering equipment attributed to the complainant by the department was defective or that the telephone lines had been misused by the departmental staff and that the District Forum could not fix the number of calls on the basis of average calls made during the previous period.

Mr. Madan Mohan, learned Counsel for the appellant vehemently argued that the consumption charges should have been calculated on average basis on the bills prior to September, 1991. It would be manifest that in view of the somewhat categoric observations of the National Commission in this context, the submission made on behalf of the appellant is patently untenable. No evidence worth the name at all was brought on the record by the appellant to establish the vague and rambling charge of any faulty meter. The claim of defective meter has, therefore, to fail. In the District Manager, Telephones and Others v. Niti Saran I (1991) CPJ 48 (NC)=1991 CPC, 33 whilst expressing their disquiet and disapproval over the theory of average number of calls, it was observed as under :- Before, however, we part with this order we would like to express our disquiet over the manner in which the Consumer Disputes Redressal Forums have been disposing of the complaints from consumers regarding inflated bills issued by the Telephone Departments whenever the consumers (telephone subscribers) raise questions about excessive billing which, according to them are not commensurate with the calls actually made, the Telephone Department rebuts the suggestion of inflated billing on the ground that the metering equipment was not faulty and that there is no misuse of the telephones by the officials of the Department. To resolve such disputes the Redressal Forums have been taking course to ascertaining the average number of calls made from the particular telephone over a period of time to see whether the bills complained against show any abnormal or marked deviation from the pattern of calling derived from the average number of calls in a particular period. Thus, in this case, the State Commission observed that "after a considerable thought we have decided average number of calls made on the particular telephone for about two years immediately proceeding the period for which excessive bill is received may be determined. If the excessive billing is about 25% per cent above the normal average user that should be considered as normal but any rise beyond that should be taken notice of and should be treated on merits on the facts of each case". These observations would mean that the Consumer Forums are taking over the function of estimating by application of a rule of thumb the precise number of calls made and the charges therefore in a particular period of time. Consumer Redressal Forums, however, will not be legally justified in doing so unless there is adequate evidence which may be either direct or circumstantial to show that the metering equipment was defective or there has been any misuse of the particular telephone by the employees of the Department. Particularly in cases where a subscriber has the STD facility there is every possibility of large variation in the calling pattern for various conceiveable reasons.

IN view of the aforesaid ratio, the appellants'' primal claim of seeking relief on an average basis of calls whilst he undoubtedly enjoyed the STD facility, has to be obviously negatived. No other point was urged. The appeal is thus without any merit and is hereby dismissed with no order as to costs. Appeal dismissed.