TELECOM DISTRICT ENGINEER Vs. CHHOTALAL B THAKKAR

JUDGEMENT

(1.) This is an appeal by the Telephone Department who was the original opponent. It is not disputed that the complainant was a subscriber of telephone and was regularly paying bills. The dispute arose regarding bill dated 1.9.90 which was for an amount of Rs.746/-. It appears that the telephone connection was disconnected on the alleged ground of non payment of arrears of Rs.746/- on 9.10.90. It is also not disputed that the actual amount of the bill was paid on 9.10.90 since according to Mr. S. D. Dave, the learned Counsel appearing on behalf of the respondent his client could not pay the bill on 8.10.90 because the counter closed at 1 p. m. The officer of the Department present in Court also agrees that the said amount could not be accepted as the counter was closed and, therefore, the bill was paid on 9.10.90.

(2.) Mr. K. M. Dave, the learned Advocate appearing on behalf of the appellant states that the Department has a power to disconnect the telephone connection if the telephone subscriber does not pay the bill within the time provided in the conditions of the bill which states that the bill shall be paid within 15 days. According to Mr. Dave the bill was made on 1.9.90 and in usual course it must have been posted within a day or two and the Department waited for a very long time and disconnected the same on 9.10.90

(3.) The complainant has stated on affidavit that on account of two fractures he had gone to Bombay in September and returned to Bhuj in the 1st week of November and at that time he saw that his telephone was disconnected. He sent his daughter to the telephone office but they insisted deposit of Rs.1,200/- and connection charges of Rs.100/-. He, therefore, agreed to pay the said amount though, according to Mr. Dave, the learned Advocate of the complainant the payment of the bill was made on the next day i. e. on 9.10.90. The complainant has specifically stated in the affidavit that when his clerk Atul Joshi went to his residence the maid servant Gulshan stated that somebody has throw paper which was laid on the table and the paper was nothing but the telephone bill and it also appears that Mr. Joshi tried to make the payment on 8.10.90 but the same could not be made as stated above and, therefore, the payment was made on 9.10.90. The dates are important because there was one telephone rule which obliges the Telephone Department to restore the connection if the full payment is made within 10 days from the date of disconnection.