KANAK VERMA Vs. MAHANAGAR TELEPHONE NIGAM LTD

JUDGEMENT

(1.) The present appeal, filed by the appellant under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is directed against order dated 20.5.2001, passed by District Forum-III, Janakpuri, New Delhi in Complaint Case No.43/2001 - entitled Mrs. Kanak Verma V/s. Mahanagar Telephone Nigam Ltd. and Anr.

(2.) The facts, relevant for the disposal of the present appeal, briefly stated are that the appellant Mrs. Kanak Verma, a subscriber of telephone connection bearing No.5134005 installed at her residence at CD-24f, DDA Flats, Hari Nagar, New Delhi, had filed a complaint before the District Forum under Sec.12 of the Act averring therein that she had been receiving bills in respect of the above said telephone connection for the last 4 years for an amount of Rs.2,000/- to Rs.3,000/- only. It was stated that she had received two bills both dated 9.10.2001 in respect of the above said telephone, amounting to Rs.20,177/- and Rs.25,295/- for the period from 1.9.2000 to 30.9.2000 and from 1.10.2000 to 31.10.2000. It was stated that the above said two bills in respect of the above said telephone connection were too excessive. It was stated that the appellant lodged a complaint with the respondent requesting for an inquiry/investigation in the whole matter. It was stated that the appellant received a stereotyped reply from the respondent stating that no fault/error could be found with the meter and, therefore, no rebate could be given to the appellant. Alleging deficiency in service and unfair trade practice on the part of the respondents, it was prayed by the appellant that in the bills for the period from 1.9.2000 to 30.9.2000 and for the period from 1.10.2000 to 31.10.2000 both dated 9.10.2000, the number of calls be reduced. The appellant had also claimed compensation of Rs.25,000/- for mental agony and harassment caused together with Rs.2,500/- towards reimbursement of cost incurred on sending registered letters, making telephone calls and personal visits to the office of the respondents. The appellant had also claimed legal expenses to the extent of Rs.5,000/-.

(3.) The claim of the appellant in the District Forum was resisted by the respondents. In the reply/written version filed on behalf of the respondents it was stated that on receipt of representation from the end of the appellant, a thorough investigation was made and the allegations were found to be baseless. Along with the reply/written version, the respondents had also filed a copy of the investigation reports. It was stated that the telephone connection in question was having STD facility with dynamic control. It was stated that code number in respect of the STD facility was known to the appellant only and, therefore, nobody else could have misused the telephone in question. It was stated that the investigation conducted by the respondent revealed that the appellant had two unmarried sons, aged 23 years and 21 years, working as hardware/software engineers in private sector. It was stated that the complaint filed by the appellant was without any substance and deserved to be dismissed.