S K PANDEY Vs. DEPARTMENT OF TELECOMMUNICATION

JUDGEMENT

(1.) This appeal by the consumer-appellant is directed against the order of the District Forum, Jind partly allowing the complaint.

(2.) The appellant Shri S. K. Pandey is a subscriber of Telephone No.5447 at Jind. Admittedly he is an employee of M/s. Haryana Equipments Ltd. at Jind and the said telephone was installed at his residence on the 6th of April, 1991 for the primal purpose of getting incoming urgent messages from his Head Office which admittedly is at Calcutta and from other parties. His primal grievance was against three bills for telephonic charges dated the 11th July, 1991, 11th September, 1991and 11th November, 1991 aggregating to a sum of Rs.5,098/-. The appellant made a representation to the department about excessive billing and thereafter he received a provisional bill amounting to Rs.2,898/- and was provisionally given a rebate of Rs.2,200/- on two thousand metered calls. Under duress, he deposited the amount and raising various grievances he knocked at the door of the District Forum.

(3.) The respondents resolutely defended the complaint. A number of preliminary objections were taken to which a reference is unnecessary. On merits, the firm plea taken was that the complainant is an official of M/s. Haryana Equipments Ltd. , Jind which is a prosperous business concern having its Head Office at Calcutta. The said telephone which has the S. T. D. facility was being frequently used for making calls to Calcutta. In particular it was pointed out that after the telephone was converted to the Electronic Exchange the computerised print out thereof (which was stated to be attached to the written statement but is not traceable on the present record) clearly indicated the out-station calls to the head office. The position with regard to the three bills was clarified and it was pointed out that the department had rather generously allowed a rebate for as many as 2000 calls and the rest of the amount charged was stoutly defended as genuine and correct.