GENERAL MANAGER TELECOMMUNICATION Vs. R S AGASHE

JUDGEMENT

(1.) This is an appeal filed by the Department of Tele Communication, Government of India against an order passed by District Forum, Indore directing refund of Rs.506/- with interest at the rate of 12% and Rs.75/- as expenses on account of excess billing on the telephone connection of the respondent.

(2.) The respondent has a telephone connection No.33829 on which STD facility is not available. The respondent is a retired Engineer who was in the service of the Government of Madhya Pradesh as Chief Engineer, Major Projects Investigation and Chambal Betwa Basin. He was also Director, Irrigation Research, Madhya Pradesh. At present he is a registered valuer and Consulting Engineer.

(3.) The telephone connection was established on 25.6.1986. From that date till 25.1.1990 the calls made from this telephone were invariably within the free calls limit. For the period of 12 months preceding 26.1.90 the average calls made were 142 bi-monthly. For the 12 months earlier to 26.1.89 the average calls made on the telephone were 145 bi-monthly. The respondent disputed the bill dated 11.4.90 for the period from 20.1.90 to 313.90 which was of 1200 local calls for the period of two months. On 24.4.90 the complaint was sent to the Divisional Engineer, Telephones, Indore. On 17/18th May, 1990 the complaint was rejected. An appeal was made to the District Manager, Telecom, Indore on 22.8.90, in response to which a rebate of 260 local calls was given. Not satisfied with this, the respondent filed the complaint before the Forum.