RATTAN KUMAR GUPTA Vs. MAHANAGAR TELEPHONE NIGAM LIMITED

JUDGEMENT

(1.) The petitioner, in the present writ petition, is a telephone subscriber , having a telephone connection, bearing No. 538471, in his name, installed at his residence, situated at House No. 2, Road No. 55, Punjabi Bagh, New Delhi. The above said telephone was having STD facility. However, on the request of the petitioner, made by him vide letter dated 23.11.87, the STD facility was barred/withdrawn on 7.12.87 and since then there is no STD facility available to the petitioner on the above said telephone.

(2.) The case of the petitioner is that he had been receiveing the bills as per the meter reading and malting the payments of the same to the respondent regularly on due dates.

(3.) It is alleged that for the call charges from 15.6.91 to 15.10.91 the petitioner received a bill from the respondent for 80,817 calls, amounting to Rs. 89,047.70. The petitioner approached the respondent and the Accounts Officer, Revenue West(III) vide order dated 20.12.91 directed the petitioner to make the payment of Rs 244.00 which was paid by the petitioner on 23.12.91. It is alleged that the representation made by the petitioner on 19.12.91 was considered by the respondent while holding the inquiry and directing the petitioner to make the payment of Rs 244.00 on the basis of the previous bills. It is further alleged that the petitioner thereafter also continued paying the bills from 15.10.91 to 15.8.94 i.e. for a period of 34 months and the total calls were 16,659 and the payments of all these bills were made by the petitioner to the respondent. It is alleged that on 29.10.94 the petitioner received the impugned bill- cum-notice of disconnection by which the petitioner was directed to make the payment of Rs 88,804.00 within seven days from the dates of the receipt of the bill failing which it was alleged that the telephone of the petitioner would be disconnected. The grievance of the petitioner in short is that bill No. AO(7F)538471 dated 17.10.94 (Annexure 'G') received by him on 29.10.94 is illegal, unwarranted, uncalled for, unconstitutional and unjust, being patently wrong and against the principles of natural justice and provisions of the Indian Telegraph Act, 1885(hereiriafter referred to as 'the Act'). It has been prayed that a writ of certiorari or directions be issued thereby quashing the impugned bill and a writ of mandamus/direction be issued directing the respondents not to recover the amount of the impugned bill and not to disconnect the telephone mentioned above.