TELECOM DIVISIONAL ENGINEER vs HARI SHANKAR GUPTA

THIS is an appeal against the judgment and order dated 21.9.1993 passed by District Consumer Forum, Moradabad in Complaint Case No. 1122/1992.

THE brief facts of the case are that initially a complaint before the District Forum was filed by the complainant with the allegation that he was sent exorbitant bills of Rs. 2,509/- and Rs. 797/- by the opposite party/Telephone Department. He sought relief from the District Forum that the exorbitant bills be cancelled and direct the opposite party to pay Rs. 90,000/- as compensation towards mental agony and financial loss. The opposite party/Telephone Department before the District Forum in its written statement pleaded that whenever any complaint about defects in the telephone was lodged, the same has been rectified immediately. The allegations about continuous defects in the telephone are incorrect. It was pleaded in the written statement that testing of the meter was done time-to-time and it was found correct. The bills were sent according to the meter reading and calls made by the complainant. There was no deficiency in service on the part of the opposite party.

The learned District Forum after hearing that submissions raised by the parties passed the impugned order directing the opposite party to cancel the bill of Rs. 2,509/- dated 21.9.1992. It also directed the opposite party to issue a fresh bill of Rs. 900/-.

AGGRIEVED, the opposite party/Telephone Department has come up in appeal. Sri R.K. Mishra stated that Sri R.K. Gupta has filed the power in this case but that has not been found out from the record. This appeal is of the year 1993, thus we are persuaded to look into the records and it was found that there is a Vakalatnama from the side of the respondent of Mr. Arun Tandon. The matter involves a very short issue, hence there is no scope to delay the matter for deciding the appeal. Consequently we have heard Mr. Sunil Sharma, learned Counsel for the appellant. We also perused the impugned order and various other documents which are available on the record.

THE only argument which was canvassed seriously in support of the appeal by Mr. Sharma has been, that the learned District Forum while passing the impugned judgment and order travelled beyond the pleadings of the parties, ignoring the evidence produced and took the recourse of his own assessment and in that way it was further argued that the impugned judgment and order is not sustainable in any case in the eyes of law. We had occasioned to see the impugned order. The matter relates to the alleged excessive bills having been furnished with regard to the use of telephone by the consumer. It is also very clear that whatever bills were submitted they were supported by the statistics maintained by the appellant/department. There is no representation showing that at any point of time the complainant had requested the appellants/department to verify the bills and make necessary correction in the bills from the records which are maintained by the department of the appellant. The allegations only on presumption cannot be permitted to be raised by any consumer. The guess work obviously has no meaning in the world of law. It is true, the Act is meant for safe-guarding the interest of consumer but the interest of consumers can and should be protected only if the provision of the law permits which obviously has not been done by the learned District Forum while passing the impugned order. In view of what has been stated above and after hearing the submissions raised by the learned Counsel for the parties, we are of the considered view that the impugned judgment and order has been passed in arbitrarily and cursorily manner which are not liable to be maintained. That being so, the appeal deserves to be allowed. ORDER The appeal is allowed. The judgment and order of the District Forum are set aside. The parties are directed to bear their own costs. Copies be made available to the parties as per rules. Appeal allowed.