UNION OF INDIA Vs. BASANT KUMAR PATRI

JUDGEMENT

(1.) THIS appeal is against the judgment and order dated 12.10.1995 passed by the District Forum, Kamrup in C.P. Case No. 934 of 1993.

(2.) BRIEFLY , the case is that the respondent got the telephone No. 41776 installed at his residence at Athgaon, Guwahati in the month of March, 1992. After installation of the telephone, he received three bi -monthly bills - the last bill dated 1.9.1992 and Rs. 486/ - being the average of these three bi -monthly period. Thereafter the telephone remained dead for the whole month of September, 1992. After the telephone was restored after several complaints found that STD dynamic locking system of the telephone non -functioning. He, therefore, lodged written complaint on 6.10.1992 with the Divisional Engineer, Telecom, Guwahati about it.

(3.) IN the meantime, the respondent/complainant received a bill dated 1.11.1992 for Rs. 21,959.50 as the call charges from 16.8.1992 to 15.10.1992. Another complaint having been lodged on 17.11.1992, the appellant/opposite party furnished a provisional revised bill for Rs. 760/ - as call charges, keeping the balance amount as disputed. The respondent/complainant paid the amount together with the rent charges of Rs. 200/ - on 23.11.1992. Thereafter, the appellant/opposite party again furnished a duplicate bi -monthly excessive bill dated 1.1.1993 for Rs. 1,32,122/ - for the subsequent period from 16.10.1992 to 15.12.1992 against which the respondent/complainant lodged a written complaint on 26.2.1993. In response to this complaint, the appellant/opposite party, furnished a consolidated bill dated 23.8.1993 by granting a rebate of Rs. 16,500/ - for 15,000 calls in respect of bill dated 1.1.1993 and keeping the balance amount as disputed and asked the respondent/complainant to pay Rs. 9,700/ - within 30.8.1993 to avoid disconnection. Being not satisfied with the rebate granted in respect of bill dated 1.11.1992 and the provisional bill dated 1.1.1993; the respondent/complainant again wrote to the appellant/opposite party on 24.8.1993 to reconsider the entire matter. The appellant/opposite party, however, disconnected the telephone and the respondent, therefore, filed the complaint before the District Forum for deficiency in service and prayed for a direction to the appellant/opposite party to furnish fresh bills in respect of the disputed bills on the basis of this past average bi -monthly bill, to pay compensation for the mental agony and harassment suffered by him and to restore his telephone connection.