NARENDRA NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The question which falls for determination in the present case is as to whether telephone dues of the Bharat Sanchar Nigam Limited, can be recovered as a public demand under the provisions of Bihar and Orissa Public Demands Recovery Act, 1914.

(2.) Facts necessary for the decision of the aforesaid question lie in a narrow compass :-

(3.) Petitioner happens to be the subscriber of Telephone No. 52030, linked with Jai Nagar Telephone Exchange. Complaining demand of charges more than he was liable to pay for the use of the telephone, petitioner filed Consumer Case No. 7 of 1993 before the District Consumer Forum, Madhubani constituted under the Consumer Protection Act. The District Consumer Forum by its order dated 6th of August, 1998 directed the competent authority to appoint an Arbitrator under Section 7-B of the Indian Telegraph Act for adjudication of the dispute. In the light of the said order, Deputy General Manager (Administration) of the Bharat Sanchar Nigam Limited, hereinafter referred to as the Sanchar Nigam, was appointed as an Arbitrator. The Arbitrator so appointed by its award dated 23rd of December, 2000 rejected the claim of the petitioner that the bill raised is excessive and observed that the bill has been issued as per calls made by the petitioner.