Telecom District Engineer vs N.KUDIARASU

THE appeal arises out of the order of the District Consumer Disputes Redressal Forum, Srivilliputhur dated 21.7.93 in O.P. 248/92. THE opposite party is the appellant.

THE complainant is subscriber to phone No. 5836 attached to Virudhunagar Exchange. A bill dated 11.6.91 was sent to her for Rs. 2,058/- for which she has objected. THE department asked her to pay the provisional bill for Rs. 215/- pending enquiry into the correctness of the bill. Subsequently bills have been sent and paid by the complainant. All of a sudden on 23.3.92 the Department has sent a communication calling upon the complainant to pay the bill amount for-the bill dated 11.6.91 on or before 26.3.92 and threatning the complainant with disconnection. THE complainant did not pay the amount and the phone has been disconnected on 26.3.92. Hence this complaint. The opposite party contended that investigation into the bill dated 11.6.91 revealed that the phone was in order and the balance amount of Rs. 1,843/- was due. As the complainant neglected to pay the amount, the phone was disconnected.

The District Forum held that there is absolutely nothing to show that the Department has enquired into the disputed bill or communicated the result of the investigation to the complainant before issuing the communication dated 23.3.92 under Exh. A8 calling upon the complainant to pay the bill amount for the bill dated 11.6.91 within 3 days. The District Forum therefore held that there was deficiency of service on the part of the opposite party in disconnecting the phone on 26.3.92 and directed the opposite party to immediately reconnect the phone and not to claim even the minimum charge from the date of disconnection till the date of restoration. It is this order that is challenged in the appeal.

EXH. A1 is the bill dated 11.6.91 claiming a sum of Rs. 2,058/- from the complainant. Under EXH. A2 the complainant has objected against the quantum. The department has under EXH. A3 directed the complainant to pay the provisional sum of Rs. 215/- and await the receipt of further communication in respect of the disputed bill. Subsequently, several bills have been presented to the complainant and she has paid the amount. Suddenly, EXH. A8 communication dated 23.3.92 has been sent under which the complainant has been called upon to pay the entire bill amount dated 11.6.91. There is absolutely no reference in this communication to pay the provisional amount of Rs. 215/- paid by her or to the investigation into the correctness of the bill dated 11.6.91. EXH. A8 is a blank direction to the complainant to pay the entire bill amount for the bill dated 11.6.91 with a threat of disconnection within 3 days and the threat has been carried out. As rightly pointed out by the District Forum, the department has not informed the complainant about the results of the investigation into correctness of the bill dated 11.6.91 and no opportunity has been given to the complainant to canvass to correctness of the finding if any. EXH. A8 seems to be totally obvious of the objection raised by the complainant to the bill dated 11.6.91 and the direction of the department under EXH. A3 directing her to pay provisional sum of Rs. 215/- pending investigation. It is obvious that the department has completely ignored the objection of the complainant and the pendency of the investigation and has thought fit to issue EXH. A8 without reference to the earlier -communications. In the counter statement filed by the opposite party, it is stated that investigation showed that the bill dated 11.6.91 was correct. Here again no document has been placed to substantiate this contention. Hence the notice issued under EXH. A8 and the consequent disconnection of the phone on 26.3.92 amounts to gross deficiency of service and negligence. The District Forum has therefore rightly come to the conclusion and ordered the opposite party to give immediate reconnection. We find no ground to interfere with the order of the District Forum. In the result, the appeal fails and is dismissed. No costs. Appeal dismissed. _____________