B MOHAN Vs. TELECOM DISTRICT ENGINEER; ACCOUNTS OFFICER, TELEPHONES AND ARBITRATOR AND DIVISIONAL ENGINEER (INTL), TELEPHONE EXCHANGE

JUDGEMENT

(1.) The above writ appeal is directed against the order of the learned single Judge dated 11.04.2002 made in W.P. No. 20490 of 1998, in and by which the learned Judge after finding that there is no merit in the amount claimed by the petitioner, dismissed his writ petition.

(2.) The dispute relates to telephone charges for telephone No. 43589. According to the appellant, after June 1994, his telephone was showing excess billing and to avoid disconnection, according to him the amount was paid under protest. However on 01.08.1994, he received another bill for Rs. 40,663/- and in October 1994, he had been billed at Rs. 17,007/-. Immediately, he lodged a complaint to the Department and he requested the department to rectify the bills and the charges. The Divisional Engineer (INTL)- third respondent, was appointed as Arbitrator. By award dated 23.11.1998, after conducting enquiry and considering the relevant materials, the Arbitrator arrived a conclusion that a sum of Rs. 51,919/- towards the bill dated 01.08.1994 and 01.10.1994 claimed by the telegraphic authority are in order and the complainant/appellant was directed to pay the same amount within fifteen days from the date of receipt of the communication. The said award was challenged by the appellant/petitioner by filing a writ petition.

(3.) The learned Judge by the impugned order dated 11.04.2002, after going into all the factual details as well as the reasoning of the Arbitrator, accepted the stand taken by the Department and dismissed the writ petition as devoid of merits, hence the present writ appeal.