BHARAT SANCHAR NIGAM LTD. Vs. JITENDRA KUMAR SARMA

JUDGEMENT

(1.) THIS is an appeal directed against the impugned order dated 8.4.2003 passed by the District Forum, Sonitpur at Tezpur in C.P. Case No. 1/2002. We have heard Mr. D.K. Kalita, learned Counsel appearing for the appellant BSNL as well as Mr. J.K. Sarma respondent/complainant who appears in person. Complainants case in brief is as follows. The complainant was the subscriber of Telephone No. 52791 and received his first excess bill on 11.12.2000 for an amount of Rs. 632/ - for the period from 1.10.2000 to 30.10.2000. He paid the bill under protest, alleging that the amount claimed was excessive but did not receive any response from the opposite party.

(2.) HE continued to receive excessive bills in the following manner:

(3.) THE complainant requested for a detailed breakup of the calls made from his telephone, but no response could be elicited from the opposite party. He then refused to pay the bills. In October 2001, the opposite party disconnected his phone. The opposite party denies any deficiency of service and assents that the bills were made as per the meter reading. In reply to the complainants request for furnishing a detailed breakup, the opposite party, relying upon Exts. 2 and 3 dated 26.6.2001 and 20.11.2001 respectively, contended, inter alia, that there is no facility of issuing such a breakup. As such it was for the District Forum to decide as to whether there was any provision or not for furnishing a detailed breakup of the calls made at the relevant point of time. The District Forum considering the evidence of the witness for the opposite party who exhibited before the District Forum a detailed breakup of the calls made on the alleged telephone after institution of the 95 facility from 26.1.2001, reached the conclusion that the said admission by the opposite party totally belied their stand that they were not in a position to furnish detailed breakup and held the opposite party guilty of deficient service while dealing with a complaint on excessive billing by the complainant. The District Forum allowed compensation to the complainant for mental agony, harassment and inconveniences borne by him and awarded an amount of Rs. 10,000/ - for the same. Also awarded Rs. 2,000/ - as legal expenses and Rs. 3,000/ - for the financial loss suffered by the complainant. The District Forum also directed to the opposite party to make the payment within a period of 30 days from the date of the order failing which an interest at the rate of 6% per annum was levied on the decretal amount. The District Forum further directed the opposite party to reconnect the telephone of the complainant on payment of the 4 outstanding arrear bills. The complainant Mr. Sarma submits that he made payments of the 4 outstanding bills on 23.4.2003 and in spite of such payment, the opposite party did not reconnect the telephone in violation of the direction of the District Forum even though there is no stay order from the date of the District Forums order dated 9.4.2003 till 28.5.2003 when the State Commission stayed the operation of the District Forums order.