GENERAL MANAGER DO Vs. STUDY CIRCLE SOCIETY

JUDGEMENT

(1.) This appeal is directed against the order dated 13.9.2001 passed in Case No.185/1998 by the District Consumer Disputes Redressal Forum, Bhopal (for short the 'district Forum') whereby the complaint for deficiency in service in not shifting the telephone connection No.587217 was allowed with an order to shift the telephone connection at the new address given within a period of 15 days and to pay compensation of Rs.2,000/- and Rs.500/- as costs of the proceedings.

(2.) Admittedly, V. C. Philip is a subscriber of telephone connection No.587217 who defaulted in making payment of bills dated 15.4.1994 and 6.6.1994 hence, his telephone connection was disconnected under exercise of Rule 443 on 10.8.1994. The subscriber deposited the amount of outstanding on 17.12.1994 however did not apply for restoration of telephone connection by deposit of reconnection fee and rental for the period telephone remained disconnected. As respondent was defaulter, therefore, his telephone connection was permanently disconnected after a period of six months on 13.2.1995 under Para 169 of Posts and Telegraph Manual Volume-XIV 1st Edition 1985. The subscriber applied for shifting of telephone connection vide application dated 13.3.1995 which was not shifted as it was permanently disconnected. The respondent filed a complaint before the District Forum which was resisted. The District Forum held that the payment of the outstanding amount of the bills was made, therefore, the application for shifting of the telephone connection ought to have been treated as application for restoration, in such circumstances, the Telecom Department was bound to restore the telephone connection, hence, there was deficiency in service.

(3.) After hearing learned Counsel for the parties and on reappraisal of evidence on record we are of the view that it is a case of permanent disconnection, hence, without applying for re-connection of telephone on deposit of the amount of outstanding bills the telephone connection could not have been restored in view of Para 169 of Posts and Telegraph Manual Volume-XIV 1st Edition 1985 that is the view of this Commission in Appeal No.242/1999, Jila Abhiyanta, Doorsanchar Vibhag, Rewa and Ors. V/s. Santlal Avadhiya, decided on 11.7.2001. It would be appropriate to quote paras 4, 5 and 6 of the order : "4. After hearing learned Counsel for the Telecom Department and considering the written submission of the respondent we are of the opinion that when the complainant himself has come with the case that the telephone connection was disconnected on 12.12.1993 and that is the case of the Telecom Department also, the question of disconnection of telephone on 2.2.1994 does not arise. In fact, the telephone connection was disconnected on 12.12.1993 for non-payment of bill of Rs.1,925/- and thereafter the bills were also sent of rent of which the amount accumulated to Rs.3,889/- which was deposited on 13.12.1995. In the circumstances, the period of disconnection was beyond the period of six months, hence, without the order of the Head of Circles Districts the telephone could not have been restored, in view of Para 169 of Posts and Telegraph Manual Volume - XIV 1st Edition 1985, which we quote : restoration of Telephones 169. (i) If the telephone dues are not paid by the subscriber on or before the due date, his telephone is disconnected and it will normally be restored on the payment of full amount of the dues with the reconnection fee as prescribed in Para 66 in Pandt Manual Volume XII. The subscriber is also liable to pay the rent for the period the telephone remained disconnected. If the dues referred to above are not paid within six months from the date of disconnection, the connection should be treated as permanently closed and will not be restored. Thereafter, the request of the party for restoration should be treated as a request for a new telephone connection. These instructions will apply both to Flat and Measured Rate Systems of charging the rentals. (ii) The reconnection fee is chargeable in all cases of restoration when a telephone is rightly disconnected and is actually disconnected. (iii) (1) In case the closing Advice Note has already been issued the reconnection will be allowed only after the recovery of outstanding dues, reconnection fee and the rent for intervening period. (2) For cases where closing Advice Note has not been issued the following procedure will be observed. (a) If the subscriber asks for duplicate copies of the bills or a Demand Note, the reconnection fee should invariably be included in the bill or Demand Note along with the outstanding dues. (b) If the party is found to have paid the outstanding dues after the date of disconnection and the restoration is held up only for want of recovery of the reconnection fee, the line may be restored and reconnection fee as due included in the subsequent bill if the subscriber so desires and gives in writing to that effect. In case of the local Exchanges, the Accounts Officer-in-charge of the TRA Branch will issue the orders for reconnection of telephone after getting the said letter from the subscriber. While passing the orders for reconnection, without pre-payment of reconnection fee, the Accounts Officer shall ensure that necessary plus adjustment entry has been made in the Subscriber's Record Card and Rent Control Register for recovery of the fee in the subsequent bill. (c) In case of outside Exchange where reconnection is ordered by Exchange Officer without pre-payment of reconnection fee after obtaining in writing from the subscriber that the same be included in the subsequent bill an intimation will be sent by the Exchange Officer to the TRA Branch for recovery of fee through a subsequent bill. The amount of reconnection fee due to be recovered will be indicated in the intimation which will be sent in duplicate. On receipt in the TRA Branch, plus adjustments will be noted in the Subscriber Record Card and Rent Control Register for recovery of the dues and one copy of the intimation returned to the concerned Exchange Officer after noting therein the fact of adjustment entry having been made in the Subscriber's Record Card and Rent Control Register. The Exchange will watch for the receipt back of the copy of the intimation and on receipt of the same it will be pasted on the back of the copy. Exception : (i) While in the normal course, the above procedure will be followed, the Heads of Circles/districts may exercise discretion to restore telephone connections closed for non-payment of dues even if the outstanding dues are paid and reconnection applied for after six months but within two years of the date of disconnection if they are satisfied that the aforesaid dues could not be earlier due to specific unavoidable reason. (This discretion will be exercised by the Heads of the Circles/districts personally ). (ii) The Heads of Circles will also have the discretion to waive rental charges for the period of disconnection in excess of three months from the date of payment of all outstanding bills and the usual dues till the telephone is reconnected, if delay in reconnection is due to departmental reasons.5. In Swamy's Treatise on Telephone Rules at Page 61 Reconnection has been reproduced thus : reconnection a telephone disconnected due to default of rent and other call charges will be reconnected on payment of all the outstanding dues together with the prescribed reconnection fee. In such cases reconnection will be allowed by different authorities as follows : (a)Up to six months from the date of disconnection. . . District Engineer. (b)Above six months. . . . Heads of Telecom Circles/ Telephone Districts. Waiver of Rental Charges the rental charges for the period of disconnection in excess of three months from the date of payment of all outstanding bills and the usual dues, till the telephone is reconnected, can be waived at the discretion of the Heads of Circles if the delay in reconnection is due to departmental reasons. Rent is recoverable for the day of opening but not for the day of closing of a telephone connection, irrespective of the time of opening or closing.6. From the above, it is evident that it was a case of disconnection of telephone which remained disconnected beyond a period of two years. It was a case of permanent disconnection therefore, the respondent was bound to apply for re-connection of telephone on deposit of the amount of outstanding bills and on completion of all formalities. In the circumstances, the order of the District Forum cannot be sustained. However, as the respondent has deposited the amount, it would be just and proper to direct the appellant to apply for new connection and on that Telecom Department shall provide a new connection on deposit of necessary charges and on completion of all formalities. "