PATRICIA JESUDASAN Vs. CHIEF ACCOUNTS OFFICER

JUDGEMENT

(1.) THE petitioner was a subscriber of telephone services from the Bharat Sanchar Nigam Limited. Three bills for a total amount of Rs.59,886/- was served on the petitioner. THE petitioner disputed the bills. THE matter was referred for arbitration under Section 7B of the Indian Telegraph Act. That resulted in Ext.P8, whereby the petitioner was directed to make the payment of the bills in four monthly instalments. THE petitioner challenged the same before this court by filing W.P. (C) No.4464/2009 in which, by Ext.P3 judgment this court directed as follows:

(2.) A counter affidavit has been filed wherein the 1st and 2nd respondents would take the stand that they did not receive any money from the revenue recovery authorities pursuant to the requisition earlier issued and that is why a fresh requisition for Rs.1,78,725/- was issued including interest also. But they do not now dispute the fact that the petitioner had directly paid to the revenue authorities a total amount of Rs.62,881/- covered by the bills. But they would take the contention that the petitioner is liable to pay interest from the date of the original bills adding which the total amount would come to Rs.1,75,970/- and revenue recovery charges of Rs.8,796/- totalling Rs.1,84,730/-, out of which after deducting the amount of Rs.62,881/- already paid, the balance amount has to be paid.

(3.) INSTEAD of relegating the parties to further disputes in the matter of calculation of interest, I have decided to determine the amount due from the petitioner taking interest as due only with effect from Ext.P8 award under Section 7B of the Indian Telegraph Act. Calculating interest at the rate of 6% from that date for 7 years till 2009 which is the date when the petitioner paid the amounts to the revenue authorities rounding off the figures. The total amount including collection charges would come to approximately Rs.88,200/-. The petitioner has already paid Rs.62,881/-. The balance amount would be Rs.25,390/-. Rounding off the same, I direct that the petitioner pay a further amount of Rs.25,000/- to the 2nd respondent directly within a period of one month, which will completely wipe off the entire amounts due from the petitioner to the respondents including the collection charges. The writ petition is disposed of as above.