TELECOM DEHRA DUN Vs. HUKUM CHAND CHELA RAM

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 1.11.1993 passed by the District Forum, Dehra Dun whereby the complaint of the complainant was allowed and the Telephone Department was directed to give rebate of Rs.30,551/- (Rupees thirty thousand five hundred fifty one only) in the bills dated 1.5.1993 and 1.7.1993.

(2.) The brief facts of the case are that the complainant was the consumer of Telephone No.26439. It has got no S. T. D. facility from 1991. The average bill of his telephone was not more than Rs.850/- (Rupees eight hundred fifty only) but the two bills dated 1.5.1993 and 1.7.1993 were respectively for Rs.6,826/- (Rupees six thousand eight hundred twenty six only) and Rs.25,725/- (Rupees twenty five thousand seven hundered twenty five only ). It is said that the complainant made several requests but it was not heard and then he filed the complaint before the learned Forum. According to the appellant, it is true that the telephone of the complainant was without S. T. D. facility but resistance of the complainant's telephone was burnt, therefore, he utilized S. T. D. facility and, therefore, there was bill. Regarding the bill of 1.5.1993 there was an inquiry and the Telephone Department directed the complainant to pay only Rs.1,564/- (Rupees one thousand five hundred sixty four only ).

(3.) This is admitted fact that the complainant did not use the S. T. D. facility from 1991. The bills filed by the complainant show that the Telephone Department has charged a sum of Rs.50/- (Rupees fifty only) as S. T. D. bar balance in the bill dated 9.9.1991. When the S. T. D. facility was barred therefrom there was no question of any use or misuse of S. T. D. facility by the complainant. No evidence has been given to show that this is the complainant who has used the S. T. D. facility. Without any S. T. D. facility being used there cannot be a bill of Rs.25,725/- (Rupees Twenty five thousand seven hundred twenty five only) in a telephone like this.