GENERAL MANAGER TELECOM DISTRICT Vs. P C JOHN

JUDGEMENT

(1.) Opposite party in O. P.66/1998 on the file of the Consumer Disputes Redressal Forum, Kollam is the appellant. On behalf of the respondent there is no submission. The appellant's Counsel is heard.

(2.) The grievance of the complainant was that the bill dated 1.9.1997 issued to him is excessive and that the prior reading of consumption of energy would justify his claim as revealed from Exts. P1 and P2 that the claim made under the bill dated 1.9.1997 is excessive. The opposite parties sought to justify the claim. District Forum by the impugned order made a direction to the opposite party/appellant to take the average of six months immediately preceding the disputed bill and to add 10% and issue the bills to complainant. Compensation also was awarded. It is the said direction that is under challenge in this appeal. This question inclusive of the question as to excessive claim was considered in the order disposing of As.50/1999, 222/1999, 353/1999, etc. which order was rendered relying on the decision of the Kerala High Court in General Manager V/s. Consumer Disputes Redressal Forum, 2000 2 KerLT 195, wherein among other things it is held that question relating to excess bill, etc. would fall within the provision of Sec.7 (B) of the Telegraph Act and, therefore, the remedy is to proceed under Sec.7 (B) of the Indian Telegraph Act. The said right of the respondent is reserved while the impugned order is set aside. In such circumstance the department/appellant shall refer this question under Sec.7 (B) of the Telegraph Act. With the said observation the order of the District Forum is set aside, the appeal is allowed as indicated above. Appeal allowed.