DISTRICT MANAGER INDORE TELEPHONES Vs. KAILASHCHANDRA AGRAWAL

JUDGEMENT

(1.) THIS Revision Petition is against the order dated 25th June, 1994 passed by the State Commission, Madhya Pradesh at Bhopal by which it upheld the order of the District Forum, Indore and dismissed the appeal filed by the District Manager, Indore Telephones, Indore District. There is no controversy between the parties on facts. It is an admitted case that from 1st March, 1991, the capacity of telephone exchange at Indore was increased to more than 30,000 lines though the number of actual working lines on the relevant date was less than 30,000. Prior to 1st March, 1991 the Complainant, Shri Kailashchandra Agrawal, who is the respondent herein, and who is a telephone subscriber, Indore, was charged bi-monthly rental at the rate o£Rs. 200/- per month. With effect from 1st April, 1990 the Tariff of bi-monthly rental was revised in respect of telephone exchange systems. In telephone exchanges having 30,000 lines and above the bimonthly rental per telephone was fixed at Rs. 250/-. Acting upon that notification, from 1st March, 1991 from which date the capacity of telephone exchange system at Indore was enhanced the telephone bill to the complainant in respect of bi-monthly rental was sent at the rate of Rs. 250/-. The Complainant filed a complaint before the District Forum alleging that as on 1st March, 1991 the actual working lines in exchange, Indore, were less than 30,000, therefore, the rental could not have been increased. The grievance of the Complainant in this case was that he was being charged excess rental in respect of his telephone number 39777.

(2.) THE Department contested the complaint alleging that as from 1st March, 1991 the capacity of the telephone exchange was increased to more than 30,000 lines. Therefore, the telephone bill in respect of rental from 1st March, 1991 sent to the Complainant was correct.

(3.) FEELING aggrieved, the Department filed an appeal before the State Commission which it remarked: