ARVIND KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 23.3.2000 passed by District Consumer Forum, Moradabad in Complaint Case No.49/1996.

(2.) The facts of the case stated in brief are that telephone No.28292 is installed at the residence of the complainant from 25th April, 1992. The telephone was not working properly and hence he made complaints on 15.9.1993, 8.12.1993, 24.1.1994, 21.2.1994. On 1.12.1993 his telephone became dead. No STD facility was provided in the telephone but inspite of this, exaggerated bills were sent to him. Bill dated 24.5.1993 was for sum of Rs.654/-, bill dated 11.9.1993 was for Rs.953/-, bill dated 11.11.1993 was for Rs.482/-, bill dated 21.12.1993 was for Rs.19,551/- and bill dated 1.1.1993 was for Rs.6,485/-. It was alleged that all these bills have been highly exaggerated and it was intimated that the bills should be paid by 27.12.1994 failing which the telephone shall be disconnected. According to the complainant the telephone cannot be disconnected until a registered notice is given. On 1.12.1993 the disconnection of telephone was done by the Department. The complainant sent a notice on 16.11.1995 but nothing was done. The complainant has prayed for restoration of the telephone and compensation of Rs.15,000/-.

(3.) The opposite party in its written version has admitted the installation of telephone and alleged that the complainant has verbally stated that the bills should be sent in the name of Pramod Kumar and not in his name. It is further alleged that on 21.4.1992 the telephone was in working condition and it was having STD facility. The telephone was being used by the complainant in the business of Shiv Traders. Whenever a complaint for defect in the telephone was received, the defect was removed.