BHARAT SANCHAR NIGAM LIMITED Vs. VIRENDRA SINGH MALHAN

JUDGEMENT

(1.) This is an appeal against the order of District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh [hereinafter for short, referred to as District Forum-II], dated 22.11.2004 in Complaint Case No.206 of 2004 : Virendra Singh Malhan V/s. Bharat Sanchar Nigam Ltd. and Another.

(2.) The complainant's case in brief is that his Telephone No.642485 was misused by somebody to make STD calls resulting in excessive bills being sent to the complainant. In the first instance his telephone bill dated 28.3.2002 was for Rs.55,902 and second bill dated 19.4.2002 was for Rs.2,401, both these bills according to the complainant were excessive. The complainant filed a written complaint dated 16.5.2002 with O. P. No.2 for correction of the telephone bill as per actual calls made by him. It is averred by the complainant that on the first complaint of the complainant to the O. Ps. no measures were taken to stop misuse of his telephone. It is also stated that as per the details of STD calls supplied by the O. Ps. it was found that 121 STD calls, in the first bill, were shown to have been made to Telephone No.0900331734. Even in the second bill dated 19.4.2002 16 STD calls were shown to have been made to the same telephone number whereas according to the complainant neither he nor any member of his family had made these STD calls to this telephone number. It was informed by O. P. No.2 to the complainant that one Rahul had made these calls to the aforesaid telephone number for availing service of Psychological consultation. According to the complainant he has got no connection with said Rahul. It has been alleged by the complainant that Rahul might have taken benefit of some mechanical defect in the system of O. Ps. for which the complainant cannot be compelled to pay. It has been further alleged that the O. Ps. did not keep the telephone of the complainant under observation and only advised him to keep his telephone locked and eventually the O. Ps. disconnected his telephone number illegally and arbitrary. On these allegations this consumer complaint has been filed craving for the following reliefs against the O. Ps: (i) To direct the opposite parties to restore the telephone connection of the complainant without delay and without charging any penalty, etc. (ii) To direct the opposite parties to correct the telephone bills of the complainant by deleting the excessive calls which do not pertain to the complainant. (iii) To direct the opposite parties not to issue inflated bills, in future, to the complainant. (iv) To direct the opposite parties to pay Rs.1,00,000 on account of mental agony and physical harassment of the complainant. (v) The opposite parties be directed to pay Rs.11,000 as litigation charges and misc. expenses.

(3.) The version of the O. Ps. is that the telephone number of the complainant is with dynamic locking facility and proper use of which rules out the possibility of misuse by third person except the complainant or a member of his family. It has been further stated that the bills for Rs.55,902 and Rs.2,401 were as per actual calls and, therefore, the complainant cannot complain of excessive billing. It has also been stated that it was the fault of the complainant that he did not lock his STD facility operative and that there was no defect in the metering equipment and it is also not a case of misuse. The O. Ps. have also stated that the complainant has not named any person, who has been allegedly misusing his telephone. It has been emphasized that since the fault lies with the complainant, no deficiency in service can be attributed to the O. Ps.