DISTRICT TELECOM ENGINEER Vs. KISHOR BAPURAO DESHPANDE

JUDGEMENT

(1.) None is present on behalf of the respondent, although service of the process in this appeal has been made and on one occasion, date of final hearing of this appeal was intimated to both the parties by this office vide notice dated 24.4.2002, copy whereof is in the record and proceeding. (For brevitys sake, appellant hereinafter is referred to as Telephone Authorities and respondent as Complainant ).

(2.) Telephone Authority is the appellant in this appeal, who have challenged the order dated 3.6.1997 passed by the District Forum, Wardha, holding them being deficient in the matter of raising and issuing consumption bills in respect of telephone provided to the complainant, followed by disconnection of the telephone for non-payment of the bill by the complainant.

(3.) At the outset, we wish to state that we do not propose to dilate over the factual matrix as obtained in the matter herein or for that matter, considering the merits or de-merits of the issues arisen therein or likely to arise. This is so because, we notice from the impugned order that the District Forum has proceeded to dispose of the complaint not properly and effectively adverting to the defence that was submitted by and on behalf of the Telephone Authority. This is so because the written statement filed and various documents relied upon and tendered before the District Forum, was not supported by an affidavit on behalf of the Telephone Authorities. Although there is an oblique reference made by the District Forum to the material, which was placed before the District Forum in justification of its action taken, District Forum, primarily because of want of affidavit, has not given proper consideration, as also weightage, which deserved in the matter.