PRADEEP DASH Vs. ARBITRATOR-CUM-TELECOM DISTRICT ENGINEER

JUDGEMENT

(1.) THE award passed by the Arbitrator under Section 7 -B of the Indian Telegraph Act, 1885 (hereinafter referred to as the "Act" on 8.6.1993 in TPBJ Cases No. 1/18 (Annexure 6) is assailed by the petitioner in this writ application.

(2.) THE petitioner Shri Pradeep Dash is the subscriber to Telephone No. 31678 at Cuttack. As stated in the writ application, the telephone has been installed at the residence of the petitioner since 1989, it has STD facility. The petitioner raised a dispute in respect of three bills dated 1.7.1991 for Rs. 3,513/ -, dated 1.9.1991 for Rs. 8,611/ - and dated 1.11.1991 for Rs. 3,563/ - alleging that the bills grossly high, excessive and erroneous. According to the petitioner he had not put the telephone to heavy use to the extent which would justify such heavy demands. Referring to the bills raised for the periods proceeding and succeeding the period under dispute, the petitioner stated that demands had never exceeded Rs. 500/ - and therefore, he apprehended that the meter reading was erroneous or the meter was tampered with. On this ground he disputed the liability to pay the amounts stated in the three bills in question.

(3.) THE main ground of attack against the award is that the Arbitrator has not stated reasons for coming to the conclusion that the petitioner is not entitled to any rebate for the bills in questions; that he has not considered all the allegations made and the contentions raised by the petitioner against the bills. The petitioner further contention is that the Arbitrator has not considered whether the necessary safeguards specified in the departmental instructions issued on 9.4.1986 were observed by the opposite parties in the case.