CHIEF GENERAL MANAGER TELEPHONES Vs. I S AHLUWALIA

JUDGEMENT

(1.) This appeal is directed against order dated 3.10.92 passed by the District Forum, Begusarai in Case No.15 of 91 in which the appellant here was the opposite party and the respondent here was the complainant before the District Forum.

(2.) The facts of the case may be briefly stated. The complainant happens to be a subscriber of telephone No.2323 at Begusarai since 1978. The STD facility was made available to his telephone in May, 1988 and thereafter till August, 1989 there was no complaint against the bills sent by the Telephone Department. But all of a sudden thereafter the bill dated 21.10.89 for Rs.5,026/- was received by the complainant. As this bill was excessive and inflated as compared to the actual calls made, the complainant lodged complaint dated 14th November, 1989 to DET, Darbhanga with copies thereof to the SDO (T) Begusarai. But even thereafter the Bill dated 1.1.90 for Rs.7,457/-, Bill dated 1.3.90 for Rs.3,413.00, Bill dated 21.4.90 for Rs.3,023/-, Bill dated 11.7.90 for Rs.8,460/-, Bill dated 28.8.90 for Rs.5,747/-, Bill dated 30.11.90 for Rs.2,944/- and Bill dated 31.1.90 for Rs.6,258/- which were inflated and excessive much more than the actual calls made. Again the complainant complained in writing to the DET, Darbhanga on 20.2.90 and 6.5.91 with copies thereof to the SDO (T) Begusarai and paid off those bills to avoid disconnection. But the complainant was sure that his telephone was used by some unauthorised person either from pole or from exchange resulting in excessive billing. The complainant also spoke to the S. D. O. Telephones, Begusarai regarding misuse of his telephone from the pole/exchange, resulting in excessive billing. But the S. D. O. showed his inability to control this pilferage under the excuse that this practice cannot be checked with the low paid Telecommunication staff. The complainant thereafter again received excessive bills dated 30.3.91 for Rs.8,741/-, dated 30.3.91 for Rs.8,741/- another bill dated 30.3.91 for Rs.11,241/- and dated 21.5.91 for Rs.14,342/-. The complainant did not pay these bills and therefore his telephone was disconnected. The complainant thereafter filed case before the District Forum for following reliefs:-

(3.) On being noticed the opposite party appeared and filed written version denying the allegations and controverting the claim of the complainant. They have averred that every subscriber has a meter and the bills were prepared according to the meter reading, there was no excess billing and that the bills sent to the complainant are correct.