MAHANAGAR TELEPHONE NIGAM LIMITED Vs. ISHWAR CHAND GUPTA

JUDGEMENT

(1.) -this appeal is directed against the order dated 30.3.1999 passed by District Forum -I, Tis Hazari Courts, Delhi in Complaint Case No.1094/1996 -entitled Sh. Ishwar Chand Gupta V/s. Mahanagar Telephone Nigam Limited and Another.

(2.) THE facts, in brief, leading to the filing of the instant appeal are that the respondent was subscriber of telephone No.2523530 and was receiving bills not exceeding Rs.355/ - in respect of the said telephone. However, the respondent received a highly excessive bill dated 1.12.1992 for Rs.94,349/ - for the period 16.9.1992 to 15.11.1992. Accordingly, the respondent represented to the appellant and requested the appellant to take the telephone in safe custody and also requested for the supply of details of the calls. However, despite repeated requests and reminders no action was taken by the appellant on the said representation whereas on the other hand the telephone of the complainant was disconnected for non -payment of bills. As such the respondent filed a complaint before the District Forum praying for directions to the appellant to restrain from recovering the amount of Rs.1,01,551/ - demanded vide letter dated 12.7.1996 and to direct the appellant to pay compensation to the complainant for the mental agony and harassment undergone by him.

(3.) THE stand of the appellant before District Forum was that the telephone in question was provided with dynamic STD control facility and that the bill dated 1.12.1992 for Rs.94,349/ - and bill dated 1.2.1993 for Rs.1,068/ - was correct and issued on the basis of actual calls recorded. It was further stated on behalf of the appellant in its reply/written version filed before District Forum that on the representation of the respondent the telephone of the respondent had been kept under observation and 80628 calls had been recorded during the period, which included national and international calls and as such there was no deficiency in service on its part.