BHARAT SANCHAR NIGAM LIMITED Vs. NAZAM SINGH

JUDGEMENT

(1.) THIS is an appeal at the behest of the telephone authorities of the Bharat Sanchar Nigam Limited (in short, the "BSNL") against the order of the District Consumer Disputes Redressal Forum, Mansa (in short, the "District Forum") dated 5.4.2005, by which the complaint of Nazam Singh, complainant (respondent herein) was allowed.

(2.) BRIEF facts of the case are that the complainant is the subscriber of landline telephone No. 01652 -235576. A demand notice was issued to the complainant by the Telephone Department of the BSNL dated 17.9.2004 asking him to pay Rs. 15,101/ - towards the outstanding amount against some mobile telephone connection. It was the case of the complainant that he had never taken any mobile phone connection from the BSNL and, therefore, the question of any outstanding amount against him against some mobile telephone connection did not arise. The outstanding amount pertained to mobile telephone No. 94172 -36576, which was issued in the name of one Baljeet Singh c/o Lakha Singh son of Sh. Gurdeep Singh, resident of Mansa, who is using this phone. According to the complainant, he had nothing to do with Baljeet Singh and had never given any guarantee or surety regarding the payment of the bill of Baljeet Singh qua his mobile telephone No. 94172 -36576. He prayed that not only the demand be quashed but he should be appropriately compensated for unnecessary harassment and tension caused to him by the issuance of a wrong demand notice.

(3.) THE respondents in the complaint, i.e., the telephone authorities, took the stand that the notice had rightly been issued to the complainant as he had asked for shifting his landline telephone to premises of Lakha Singh son of Shri Gurdeep Singh of Mansa. It was further the case of the BSNL authorities that mobile telephone connection No. 94172 -36576 in the name of Baljeet Singh was issued against the security of landline telephone number of the complainant, i.e., 01652 -235576. This was mentioned in the application submitted by Baljeet Singh. After appreciating the evidence and the pleadings of the parties, the District Forum allowed the complaint in the following terms :