TELECOM DIVISIONAL ENGINEER Vs. BHIKARI PRASAD VERMA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 8.12.1999 passed by District Consumer Forum Ballia in Complaint Case No.116/99. Briefly stated the facts of the case are as follows :

(2.) The complainant Bhikari Prasad Verma got a telephone connection installed at his residence in 1995. The telephone had the facility of STD till 1996. Bills of the normal amount were received by the complainant and the payment was being made to the opposite party, Telephone Department. Telephone No.21039 was changed to 22055. With this change bills of exorbitant amount started coming and instead of normal bill of Rs.500/- complainant received the bills from 15.11.1996 to 30.9.1997 for Rs.939/-, Rs.1,280/-, Rs.2,583/-, Rs.4,081/- and Rs.3,042;/-. The complainant brought to the notice of the opposite party and requested to correct these bills but no heed was paid to his request. Subsequently the complainant on 23.10.1997 applied for disconnection of STD facility and orders were passed on the same day for STD disconnection. Thereafter the complainant continuously used the local telephone but after this date also bills of Rs.1,474/-, Rs.950/- Rs.1,215/- and Rs.4,435/- were received. Bills of such high amount were wrong because the telephone was being used for local calls after 23.10.1997. The Department of Tele-communication disconnected the telephone connection without informing the complainant on 15.1.1999. The complainant had applied for re-connection but the same was not done. A complaint was, therefore, lodged before the District Consumer Forum in which the following reliefs were claimed : (i) In regard to bills of excess amount an Arbitrator may be appointed under Sec.7 (B) of the Indian Telegraph Act, 1895. (ii) The telephone connection of the complainant be restored with immediate effect. (iii) A compensation of Rs.50,000/- for the mental agony and torture be awarded to the complainant along with cost of proceedings of Rs.1,000/-.

(3.) The opposite parties filed their written statement before the District Forum alleging that an amount of Rs.26,124/-was outstanding against the complainant in respect of 15 telephone bills and since a default was committed in the payment of the said amount the telephone was disconnected on 15.1.1999. The bills have been prepared on the basis of the calls made by the complainant. It was admitted that the complainant had asked for removal of S. T. D. facility on 23.10.1997 and orders to this effect were passed by opposite parties on 24.10.1997 but due to technical reasons STD facility could not be disconnected immediately and the complainant continued to avail the STD facility even after 24.10.1997 till it was withdrawn. The opposite parties also filed the details of the calls along with bills, etc. before the District Forum.