O P GUPTA Vs. M T N L

JUDGEMENT

(1.) An application has been filed by the complainant for rectification of alleged typographical mistake in the order of this Commission. It is alleged that inadvertently the dispute relating to unauthorized use of telephone No.235023 has been referred to in the order as dispute under Rule 421 instead of under Rule 420 of the Indian Telegraph Rules.

(2.) The application has been contested on behalf of the respondent. The facts are that the complainant filed a complaint before us for granting damages to him for illegal disconnecting his telephone No.235023 and for quashing the notice dated 5.3.91 issued under Rule 420. At the time of arguments a compromise was arrived at between the parties according to which it was agreed that the telephone connection would be restored to the complainant subject to the payment of rental charges and restoration fee. It was further agreed that the dispute under Rule 421 between the parties be referred to the Arbitrator by the respondent.

(3.) We have been informed that in pursuance of the order, the matter was referred to the Arbitrator, who has passed an award. The award was challenged by the complainant in the High Court through a writ petition which was dismissed in limine. After exhausting the remedy of writ petition he filed the present petition. We have heard arguments made on behalf of the parties. Both the rules reads as follows : -Rule 420 : Default of Subscriber due to Insolvency etc. When a subscriber is adjudged an insolvent or makes or enters into any composition or arrangement with his creditors or suffers execution to be levied upon his premises, or commits any breach of or fails to observe and comply with any of these rules, the Telegraph Authority may close the connection by giving to the subscriber notice in writing for a period of seven days. Rule 421 : Disconnection of Telephones where the Divisional Engineer is satisfied for reasons to be recorded in writing that it is necessary to do so, he may, after giving the subscriber a notice in writing for a period which shall not except in emergent cases be less than 7 days, disconnect the telephone, and in such case, the subscriber shall be entitled to refund of rent for the unexpired portion of the period for which the connection or service was given.