TELECOM DISTRICT MANAGER DEPARTMENT OF TELECOMMUNICATION HOSHIARPUR PUNJAB Vs. KAMALJIT KAUR PRINCIPAL JIWAN JOT SENIOR MODEL SCHOOL SAROOP NAGAR HOSHIARPUR PUNJAB

JUDGEMENT

(1.) THIS petition is by the Department of Telecommunication against the order dated 5.6.97 of the Punjab State Consumer Disputes Redressal Commission allowing the appeal of the Respondent-complainant, a subscriber of the telephone. District Forum on a complaint filed by the respondent against excessive telephone bill, had dismissed the same.

(2.) RESPONDENT was principal of a school. She applied for a telephone which was provided to her house and on her request extension was provided in the school. A letter was sent to the Department on 23.10.93 on behalf of the respondent requesting for disconnection of the STD facility in the telephone. No action was taken by the Telecommunication Department on this request. Respondent used to receive normal bills in the range of a few hundred. She in January, 1994 received a bill for Rs.2,12,460/-. This bill was for a period of three months. She represented the Telecommunication Department and on her request she was allowed to pay Rs.2338/- only which amount she deposited. However, subsequently arrears were claimed and for non-payment thereof telephone was disconnected on 27.1.1994. In March, 1994 yet another bill was received by the respondent for an amount of Rs.55,300/-. Both these bills respondent challenged before the District Forum. As noticed above, her complaint was dismissed by the District Forum.

(3.) IT was contended on behalf of the Telecommunication Department that on checking meter was found to be in order and the bills were thus rightly issued. In support of its submission Telecommunication Department also brought on record the print out of the telephone calls made during the period in question. State Commission has pointed out that when there was sudden spurt in the telephone meter Telecommunication Department did not take any action and check the same and find out the cause of such spurt. It was noticed that for the period from 1.12.1993 to 31.12.1993 telephone was continuously being used for making international calls indicating fortnightly spurts. It was incumbent upon the Telecommunication Department to observe the metering instrument and the line to find out if the telephone was in fact being misused with the connivance of its officials or somebody else or it was genuinely being used by the subscriber. This action department was required to take in terms of the instructions issued in that regard. This was not done. State Commission referred in detail the instructions issued on the subject and quoted extensive from the Swamy "s Treatise on Telephone Rules, Second Edition-1993 at page 416. It is contended that these instructions are not binding on the Telecommunication Department and these are merely guidelines. This is rather spacious argument to make. Then its submission that exchange was modern C-Dot exchange which was automatic and there were continuous check facilities existing therein which itself keep on monitoring that no excess metering case occurred. Perhaps the argument is that there cannot be any fault in a modern C-Dot exchange. We cannot fall for such an argument however moderen equipment may be. It has to be shown that it was properly maintained. The instructions which have been mentioned in the order of the State Commission may also be quoted. These are published in the Swmay "s Treatise on Telephone Rules incorporating orders upto April, 1999. Instructions regarding excessive billing are contained in letter No.4-59/85-TR dated 9.4.1986: