UNION OF INDIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Telecommunication Department, Telephone Exchange, Shimla through the Union of India has challenged the order of the District Forum dated 3.6.1991 through the instant appeal whereby it was held that two disputed telephone bills of the respondents were excessive and did not represent the actual calls made by the complainant during the period referred to therein. Accordingly, directions were given to cancel the two bills and instead restricted the payment thereof to the provisional bills so issued by the appellant including the rental/local calls charges.

(2.) Facts shortly stated are that respondent Sh. R. K. Mehta is a State Town Planner residing in U. S. Club, Shimla. He was entitled to an official Telephone at his residence. Accordingly Telephone No.6198 (S. T. D. Time barred) was installed at the aforesaid premises namely U. S. Club, Shimla. Later on account of some defects found therein the Department replaced the same by another Telephone No.77776.

(3.) The Exchange at Shimla has an electronic mode of recording the Meter reading of all the subscribers. On the basis thereof two bills were issued to the respondent. The first bill was for the payment of Rs.12,350/- and the second bill pertains to the payment of Rs.8,763/- for the period commencing from 26.10.1989 to 25.12.1989 and 26.12.1989 to 25.2.1990 respectively. Respondent Sh. R. K. Mehta was shocked to receive the aforesaid bills and consequently he made representation against the payment but the same were not attended to as per his version. The Department disputed the said bills mainly on the ground that respondent has actually used the S. T. D. facility and made National and International calls which accounted for higher number of local calls charged in the bills.