BHARAT SANCHAR NIGAM LTD Vs. MD IMTIYAZ, SHILLONG

JUDGEMENT

(1.) PER Mr. Ramesh Bawri, Senior Member: We have heard Mr. S.C. Shyam, learned Senior Counsel for the Appellants and Mr. M. F. Qureshi, learned Counsel for the Respondent/ Complainant.

(2.) THE case of the Complainant before the District Forum was that he had been allotted 3 (three) telephones by BSNL for running a PCO on payment of security deposit. His PCO phone numbers were 2506923, 2503951 and 2503876. The dispute arose when the Complainant received an excessive bill on 02.04.05 amounting to Rs. 37,575/ - and on 17.04.05 amounting to Rs. 1, 04, 009/ - in respect of phone No. 2506923. The Complainant approached the OP/Appellant on several occasions but to no avail. The OP instead issued a letter to the Complainant vide No. TRA/STD/PCO/CPT -1/2506923/26 dt. 21.08.06 that in the event of his failure to pay the outstanding bills by 22.08.06, his other two working PCOs No. 2503876 and 2503951 would be disconnected. The Appellants thereafter disconnected the working PCOs Nos. 2503876 and 2503951 on 22.08.06 even though bills for them had been paid upto date. According to the Complainant he had executed separate agreements in respect of all the three telephones with the OP; hence the OP could not disconnect the other 2 (two) telephones where the bills had been paid. The Complainant further stated that his business had come to a standstill and as it was his only source of income he suffered tremendous financial hardship and mental agony apart from losing his reputation for which the OP are liable to pay adequate compensation. The Complainant prayed for

(3.) THE OP/Appellant contested the case and maintained that the telephone was disconnected due to default in payment of bills by the Complainant in exercise of the powers laid down under Rule 443 of the Indian Telegraph Rules (hereinafter, ITR). The OP was absent on 23.04.07, 15.05.07 and 06.06.07 when the case was fixed for hearing by the learned District Forum. Therefore, on 06.06.07, the case was heard in the absence of the OP. The Forum perused the materials on record furnished by both the parties and after hearing the submissions made by the Claimant decided the case.