MAHANAGAR TELEPHONE NIGAM LIMITED Vs. U K BAGRODIA

JUDGEMENT

(1.) This is an appeal against order dated 5.2.1999 passed by District Forum-I, Tis Hazari, Delhi in Complaint Case No.965/1995 entitled Shri U. K. Bagrodia V/s. General Manager, Mahanagar Telephone Nigam Limited and Anr.

(2.) Briefly stated, the case of the respondent before the District Forum was that he had received a telephone bill for the billing cycle 16.11.1994 in respect of his telephone No.7511531, installed at his premises bearing No.63, G. B. Road, Delhi. The said bill for Rs.17,313/- was challenged by the respondent on the ground that the same was excessive in view of the fact that the average billing for the preceding year had never exceeded Rs.1,200/-. As such the respondent had prayed for the refund of the amount after deducting Rs.1,200/- together with interest @ 18%, as well as compensation and costs.

(3.) In its reply/written version filed before the District Forum, it was stated on behalf of the appellant, that it had received the representation of the respondent, in respect of his telephone bill in question, which was duly investigated and after extensive investigation of line apparatus, indoor and outdoor plant nothing unusual or abnormal was found which could indicate excess metering. Furthermore, the telephone in question was kept under observation during the period 5.12.1994 to 23.12.1994 and it was found that the respondent was making STD calls. Accordingly the respondent had been intimated that his representation was without basis and he was liable to make the payment of the disputed bill dated 16.11.1994. Furthermore the telephone in question had been provided with dynamic STD locking facility and the subscriber alone knew the secret code, therefore, there was no possibility of misuse of the telephone in question by any outside agency.