DIVISIONAL ENGINEER TELECOM Vs. VIDYASAGAR

JUDGEMENT

(1.) After hearing the learned Counsel for the appellant and respondent and perusing the records, the Commission delivered the following:

(2.) This appeal is directed against the Cider dated 23.4.1990 passed by the District Forum, Gulbarga in Complaint No.14/1990 on its file. It arises in this way :-

(3.) Telephone No.20160 is installed in the residence of the respondent situated in Aiwan-EShahi Road, Gulbarga and it stands in the name of the respondent. Telephone No.23160 was allotted to the respondent as Proprietor of Bidar Pharmaceutical Laboratory and that Telephone also is installed in his residence called "jaideep" situated in Engineering College Road, Gulbarga. It is admitted by the learned Counsel for the respondent that the premises in which both the telephones are installed is the same. The bill for Rs.5,263/- in respect of Telephone No.23160 was issued to the respondent. As he failed to pay in time as per rules, both the telephones of the respondent were disconnected. Telephone No.23160 was disconnected on 7.12.1989 and after issuing another notice to the respondent, Telephone No.20160 was disconnected on 10.3.1990. Hence the Petitioner filed a complaint before the District Forum, Gulbarga, contending that his personal telephone 20160 could not have been disconnected for non-payment of arrears in respect of Telephone No.23160 and requesting the Forum to direct the appellant to reconnect both the telephones and to pay damages of Rs.2,000/-. The appellant resisted the complaint by contending inter-alia that there was no excess billing in respect of Telephone No.23160 that the disconnection of Telephone No.20160 was justified in view of Rule 443 of the Indian Telegraphs Rules. The complainant gave evidence as PW 1 and got marked PI to P5 as exhibits. No evidence was adduced on behalf of the appellant. On the said material, the District Forum held that there was no excess billing in respect of Phone No.23160; that the Telephone Department was not justified in disconnecting Telephone No.20160 and directed the appellant to reconnect Telephone No.23160, to refund reconnection charges in respect of Phone No.20160 and pay damages of Rs.1,000/- together with interest thereon at the rate of 6% per annum from the date of the order till the date of payment. Hence this appeal by the Divisional Engineer, Telecom Department, Gulbarga against the said Order.