STARFAX ASSOCIATES Vs. MAHANAGAR TELEPHONE NIGAM LTD

JUDGEMENT

(1.) Briefly the facts of the case are, that the complainant has got telephone No.672894 in his business premises. The disputed period is from 31st March, 1988 to 26th January, 1989. The complainant received a telephone bill of Rs.2,15,000/- on 7th June, 1990 for local calls less-charged during the disputed period i. e. from 31st March, 1988 to 26th January, 1989. They pleaded that they had been paying all the bills regularly and no amount was due from them. They have prayed for quashing the bill.

(2.) The complaint has been contested on behalf of the respondent. It is pleaded by them that the complainant in collusion with some officials of the department got the bill of lesser calls for the period in dispute. A complaint regarding manipulation in fortnightly meter reading (hereinafter referred to as 'fnmr') was received in respect of telephone Nos.672547 and 679138. It was alleged that some pilferage of calls was being done by the subscribers of those telephones. The case was entrusted to the Vigilance Department which looked into the complaint in respect of the said two telephones. While doing so, it came to light that in addition to the pilferage made in respect of those telephones, it was being done in respect of some other telephones including the telephone No.672894. It was found that for the period in question, the meter reading in Meter Test Register (MTR) was recorded higher but the complainant was billed for lesser calls. In that way the complainant was charged two lacs calls less than the actual calls.

(3.) It is also pleaded that the complainant was carrying on fax business and they were using that telephone for that purpose. The bills for other periods except the period in dispute, were very high. At one time, there was a bill for more than Rs.90,000/- for two months which was paid by the complainant without any demur/protest.