UNION OF INDIA Vs. PRITAM SINGH MOTI

JUDGEMENT

(1.) This is an appeal by Union of India against the judgment and order dated 9.3.2000 passed by the District Forum, Dehradun directing the appellant to adjust the deposits of the complainant after collecting the bill considering the call of 433 only in each bill.

(2.) It was argued by the learned Counsel for the appellant that the complainant is in a habit to file complaint against the appellant on each bills. We do not want to say whether the complainant is harassing the appellant or the appellant is harassing the complainant. But, atleast, one thing is true that no complaint of the complainant has been dismissed by the learned Forum which will lead to a conclusion that the complainant is not at fault. He is only pursuing his legal remedy, when not getting justice from the appellant Department.

(3.) The brief facts of the case are that the complainant had a telephone connection. He has got barred his telephone S. T. D. from 1985, itself. There was no S. T. D. facility in his telephone in the disputed months where the bill of the complainant was for Rs.6,313/- and Rs.2,632/-. The complainant is not a business concern or industrial concern. This is a personal telephone and any telephone without S. T. D. facility cannot be used for a sum of Rs.6,313/- in one or two months. It was argued by the learned Counsel that the telephone of the complainant was under S. T. D. group and a facility of dynamic lock has been given to each consumer and the complainant should have locked his telephone instead of making complaint against the appellant. After 1985 the complainant never demanded any S. T. D. facility and to keep the complainant within S. T. D. group out of its own does not appear to be justified. However, the complainant wrote for number of times even after 1985 to withdraw his S. T. D. facility. A few such letters have been produced for our perusal as well. Even on 17.2.1994 before few months of the disputed bills also, the complainant has given such a letter. But still, its facility was not withdrawn.