UNION OF INDIA Vs. ASHOK KUMAR GUPTA

JUDGEMENT

(1.) THIS is a Revision Petition directed against the order dated 4th November, 1992 of the State Commission, Uttar Pradesh in Appeal No. 397/SC/92. The respondent has received a telephone bill dated 1st of August, 1991 for Rs. 11,868/-. He had challenged this bill on the ground that the bill was highly inflated. The Revision Petitioner Telephone Department had contested and had explained that the respondent was having a STD facility with effect from the 22nd of February, 1990 and that the Exchange had been converted into an electronic exchange from the 22nd of February, 1990. In consequence the telephone calls were being automatically registered in the system, and that there was no scope for errors in the registration of the calls. The allegation of the respondent complainant that the bill was excessive, was without any basis. According to the Revision Petitioner, the telephone was kept under observation and it was found that STD calls were being made by the subscriber. Nonetheless, the District Forum, arbitrarily reduced the bill from Rs. 11,868/- to Rs. 2,000/-.

(2.) WE do not understand the observation of the State Commission that during the course of arguments, Counsel for the Revision Petitioner Telephone Department conceded that the Department after inquiry into the alleged unacceptable calls found that only one call was checked up to have been made by the complainant and in regard to the rest the respondent Telephone Department was unable to come to a definite finding that they were made by the complainant. This is incorrect. The Department's consistent stand has been that it was an electronic exchange in which the particulars of all the calls made were recorded and that the subscriber had the STD facility and that there was no error in billing. The State Commission's order does not state that the record of the calls as registered in the telephone exchange showed that only one call had been made from the telephone.