TELECOM DISTRICT MANAGER vs K.RAJARAM

THE opposite party appeals.

THE facts of the case are as follows : THE complainant used to get telephone bills to the tune of Rs. 1,500/- for each period. But on 21.9.1995 he got a bill for Rs. 8,664/- against which he protested. Inspite of his protest the telephone was disconnected after a notice. THEn the complainant approached the District Forum with the following prayers : (1) to quash the inflated bill dated 21.9.1995 for Rs.8,664/-; (2) direct the opposite party to pay the compensation of Rs. 5,000/- to the complainant for the mental agony caused to him.

The opposite party then reported to the District Forum that there was some mistakes in the billing and reduced the bill amounts to Rs. 3,913/- and restored the telephone connection. Accordingly the complainant had not pressed the relief No. 1. As far as the remaining relief is concerned the District Forum came to the conclusion that the fact of disconnecting the telephone when there was controversy regarding the amount of bill without the controversy being settled in the manner known to law amounts to deficiency in service. Accordingly it directed the opposite party to pay compensation of Rs. 500/-.

Aggrieved by the order of the District Forum the opposite party has preferred this appeal. The learned Counsel for the appellant would contend that when the bill was issued for Rs. 8,664/- they have done so on the basis of the record of their metering machines, that no fault was attributable to them.

NO doubt the Telephone Department issues the bill on the basis of the indication of the meters. But when a complaint is lodged regarding the amount of the bill and especially when the impugned bill is disproportionate to the average amount which has been paid, it is the duty of the Department to collect the admitted amount, to keep in abeyance the balance and to investigate into the matter. If after investigation there is agreement on the amount to be paid, the matter end;, there. Otherwise the matter has necessarily to be referred to the Arbitrator as per the provisions of the Act. That is the only remedy provided in the. Act for those aggrieved by inflated bills, audit is for the Department to take initiative for reference to the arbitration. Disconnection of telephone connection be resorted to in case of wilful delay of payment of dues, but when there is aggressive dispute regarding the amount due the fact of disconnecting the telephone is a high-handed act which amounts to clear deficiency in service. The District Forum in directing the opposite party to pay compensation of only Rs. 500/- has taken a very lenient view.

IN the result, the appeal is dismissed. No cost. Appeal dismissed.