BHARAT SANCHAR NIGAM LIMITED Vs. BRIJ MOHAN SHARMA

JUDGEMENT

(1.) THIS is an appeal against the order dated 7.10.2003 passed by the District Forum, Haridwar whereby the learned Forum has cancelled bills from 7.1.2001 and 5.9.2001 and has directed the appellant to issue fresh bills on the basis of average of last one year user by the complainant and to instal the connection to the complainant at the own expenses of the appellant.

(2.) THE brief facts of the case are that the complainant has been using the telephone connection for the last 15 years. In para 2 of the complainant, it was alleged that for the last few months the inflated bills were received. He called for details of the bills from 1.3.2000 to 30.6.2000 and from 15.6.2000 to 30.8.2000 but it was not given to him. The complainant was directed to get the STD disconnected. The complainant got the STD disconnected but still the bills were exorbitant. He called for details but it was not made available to him. For a checking he got the outgoing calls stopped and on 11.9.2000 he gave an application for stopping outgoing calls. Still inflated bill was issued to him. On 17.1.2001 he got the outgoing calls restored. On 1.7.2001 an inflated bill of Rs. 4,964/ - was issued, which was highly excessive. The complainant gave a notice through his Counsel but it was not replied. Another bill of Rs. 3,694/ - was sent. The complainant again gave a notice on 26.9.2001 but it was neither attended nor replied. The complainant has ordinarily got bills of Rs. 800/ - to Rs. 1,200/ - and he has been regularly paying the bills. His grievance have not been attended, therefore, he filed the complaint. He has filed the complaint for correction of bill Nos. 8330 and 36341 of Rs. 4,964/ - and Rs. 3,694/ - respectively and also for damages, etc.

(3.) THE opposite party/appellant filed written statement and admitted that the telephone was at the residence of the complainant for the last 9 years. It is alleged that on 27.7.2000, the complainant had applied for the details of bill but there is no question of issuing the details because details of future bills cannot be given. The complainant did not give any application for inquiry according to rules. It is further alleged that after the closure of outgoing calls, the bill of the complainant was only for Rs. 308/ -. On his own wishes the complainant got the outgoing calls facility restored. The bills have been issued according to user of the complainant. It is alleged that the facility of outgoing calls was withdrawn on 21.9.2000. The complainant had applied for its withdrawal on 11.9.2000. It was restored on 9.10.2000 on the application of the complainant himself. The bill of Rs. 4,964/ - dated 1.7.2001 and Rs. 3,694/ - dated 1.9.2001 were rightly issued as on these dates there was facility of outgoing calls with the complainant.