SADANAND JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) AFTER having heard the learned counsel for the parties, this writ application is being disposed of at this stage. The petitioner Dr. Sadanand Jha, a Senior Advocate of this Court, has prayed for a direction to the respondents to correct their over -billing or showing an arrears of Rs. 5689/ - and to feed necessary data in the computers to avoid repetition of showing the arrears with respect to the telephone bills of the petitioner. The petitioner who is a practising senior advocate of this Court, as stated above, is a subscriber of telephone no. 262825 since 1977. It is stated that the telephone bill dated 15.3.95 served upon the petitioner showing the arrears for a sum of Rs.5649/ - and accordingly the telephone of the petitioner was made one -way in April, 1995. The petitioner, thereafter, informed the respondent authorities in detail regarding the payment of the earlier bills and consequently the telephone was made fully operational. It is alleged that again the telephone bill dated 15.7.95 was served upon the petitioner showing the arrears of Rs. 5689/ - in addition to a sum of Rs. 40/ - was shown as surcharge for late payment of bill dated 15.3.95. According to the petitioner telephone bill dated 15.7.95 for a sum of Rs. 5689/ - was shown as arrears relating to past bill dated 15.1.92, 15.1.94 and 15.7.94, over and above, surcharge for late payment of bill dated 15.3.95. It is alleged that or 31.7.95 a letter was address to the Accounts Officer (TeI.Rev.), Patna Telephone Patna, wherein it was pointed out that inspite of telephone of the petitioner being made one -way in April, 1995, which was restored immediately after giving the details of the payment of the arrears of bills. It is further alleged that again in the bill dated 15.11.95 the same arrears were shown amounting to Rs. 5689/ -. On 11th December, 1995 a complaint was sent to Shri Rangnathan, Chief General Manage with a copy to the Accounts Officer (TR -A -1) mentioning the details of the payments made against the arrears of bills. It has been stated in the complaint petition that in spite of repeated reminders and letters sent to the department no improvement is being made and repeatedly the bills are issued showing the arrears of amount even though the said amount has already been paid. No action seems to have been taken on the complaint petition filed by the petitioner. It is stated that even after the attention was drawn to the highest authority by filing a complaint petition, no improvement has been made in the billing system of the telephone bill. Apart from filing of the aforesaid complaint petition, the petitioner has also informed the officials of the department over telephone about the details of the payments made by the petitioner but no step has been taken by the respondent authority. Ultimately the petitioner has to approach this Court for redressal of his grievances.

(2.) IN this case a counter affidavit has been filed on behalf of respondent General Manager, Telecommunication, wherein, inter alia, it has been stated that in spite of the petitioner having furnished the required intimation regarding payment of the arrears, the same could not be fed in the computer which prints out the bill. Specific statement has been made in paragraph 6 of the counter affidavit, which reads as follows: That in the present case the deponent states with regret that in spite of the petitioner having furnished the required intimation the same could not be fed in the computer which prints out the bill." It has further been alleged that the appropriate correction with respect to the arrears in relation to the telephone bill of the petitioner has already been accepted and necessary steps have already been taken to feed those correction in the computer. It is alleged that henceforth the arrears shall not be projected in the future bill to be raised against the telephone connection of the petitioner. It has further been alleged that the department is public utility service and is duty bound to render an efficient service to the subscribers. Such mistake sometimes do occur due to technical reasons and paucity of staff.

(3.) ANOTHER counter affidavit has also been filed on behalf of General Manager wherein it is stated that the entire matter has been considered in detail and all the telecom authorities in the State of Bihar, who are responsible for issuance of telephone bills have been directed to update payment particulars expeditiously so that the correct position regarding outstanding dues/arrears, if any, is correctly reflected in the subsequent bills. It has further been alleged that the Chief Post Master General, Bihar Circle, Patna has also been requested to direct the various postal authorities to ensure communication of payment particulars immediately after the payment of the bills at post office counters. The sum and substance of the second counter affidavit filed on behalf of the General Manager is that all steps have been taken by the respondent authorities so that the mistake would not occur in future with respect to the telephone bills of the subscribers.