GENERAL MANAGER TELECOM Vs. NARSINGH DAS

JUDGEMENT

(1.) Petitioner who is opposite party is aggrieved of the order of the State Commission which in turn upheld the order of the District Forum. It was directed by the District Forum that second telephone connection of the respondent-complainant is not disconnected for arrears in the bill of the telephone.

(2.) Respondent-complainant was having two telephone connections. There was arrears of telephone No. 23331 amounting to Rs. 29,320/-. Respondent was having another telephone bearing No. 23133. Telephone of the respondent bearing No. 23331 was disconnected on account of arrears of bills. He was served with a notice to make payment of Rs. 29,320/- and in default his other telephone No. 23133 would be disconnected. Respondent failed to pay the bills and his other telephone No. 23133 was also disconnected. Complaining deficiency in service he went to the District Forum.

(3.) Under Rule 443 of the Indian Telegraph Rules, 1951 which were framed under the Indian Telegraph Act, 1885 it is clearly provided that for default in payment of bills of one telephone, any other telephone, telex of a subscriber could be disconnected without notice. We are of the view that District Forum and State Commission went wrong in directing the petitioner to restore the telephone No. 23133 of the respondent when there were arrears in respect of telephone No. 23331. We, therefore, set aside the order of the District Forum as well as of the State Commission. Two weeks' time is granted to the respondent to pay up all the arrears in respect of telephone No. 23331. In case of default, petitioner shall be entitled to disconnect telephone No. 23133 which was restored under the impugned orders. This revision petition is disposed of as above. There shall be no order as to costs. Revision Petition disposed of accordingly.