DIVISIONAL ENGINEER TELEGRAPHS Vs. K C GUPTA

JUDGEMENT

(1.) Somewhat unusally both the learned Counsel for the appellant and the respondent have in essence sought the remand of the present case to the District Forum. It therefore, suffices to notice the facts in their barest outline.

(2.) Dr. K. C. Gupta, the complainant-respondent is the subscriber of telephone number 2062 installed at his premises for the last about ten years. It was his case that even though he throughout enjoyed the STD facility, his earlier bills for telephone charges had been for very modest amounts and particular reference was made to the bills dated the 11th of October, 1991, 11th of December, 1991 and 11th of February, 1992. The primal grievance was made against the bill dated the 11th of April, 1992 for an amount of Rs.1,802/- and the earlier bills of Rs.1,716/-, Rs.1,691/- and Rs.2,926/-. It was further the case that because of excessive bills, he had requested for the disconnection of the STD facility and this was being not done. It was highlighted that the telephone exchange at Rewari is absolete and not functioning properly and resulting in spurts in the reading of the meter etc.

(3.) The appellant-department in resolutely defending the complaint took up the plea that the earlier complaint regarding excess bill had already been decided. However, on receipt of a complaint to the department, the necessary checking of the meter and all the equipment was made but not the least defect therein was found. Even a comparative study of the previous bills was also done which could not furnish any ground or justification for rebate. The department's stand was that the bill was correct and in accordance with actual consumption and the complaint be dismissed on merits.