DISTT MANAGER TELECOM Vs. M L RAINA

JUDGEMENT

(1.) The above two writ petitions dealing with the same subject-matter are disposed of vide this common judgment.

(2.) A complaint was filed by the complainant-respondent before the Divisional Forum with regard to Telephone No. 30436. It was stated that the bill for Rs. 30,613, is on the higher side. The fact that the petitioner department had allowed a rebate of Rs. 28,600.00 and called upon the respondent to deposit the remaining amount, was challenged before the Divisional Forum. It was stated that the telephone has no STD facility, and therefore, the question of such a high bill being issued was not justified. The above was the issue in complaint No. 2409, filed before the Divisional Forum. In the second complaint bearing No. 2410, the complaint was with regard to a bill amounting to Rs. 21,650.00 for the same telephone. In addition to the prayer that the amount be reduced, a further prayer was made that the complainant be paid compensation. The complaints were entertained. The amount of both the bills was reduced to Rs. 650.00 in each bill including rent but excluding trunk calls. The department has been directed to pay compensation to the tune of Rs. 10,000. This is for harrasement and mental agony sufferred by the complainant.

(3.) The basic argument which has been raised by the learned Counsel for the petitioner is that this was a dispute which could be settled only under Section 7-B of the Telegraphs Act. For facility of reference, this section is being reproduced below : "Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or apparatus is, or has been, provided, the dispute shall be determined by arbitration and shall, for the purposes of such determination, be referred to an arbitrator appointed by the Central Government either specially for the determination of that dispute or generally for the determination of disputes under this section." It is accordingly submitted that respondent, if aggrieved, be directed to agitate the matter before the arbitrator.