TELEPHONE DISTRICT ENGINEER Vs. KOSHI VARGHESE

JUDGEMENT

(1.) This appeal is directed against the order passed by the District Forum, Pathanamthitta, in O. P. No.308/94. Opposite party is the appellant.

(2.) We are unable to sustain the order passed by the District Forum which is impugned in this appeal. No doubt the bill that is challenged is highly inflated. However the stand taken by the opposite party is that they made investigation and found all the calls were originated from the telephone of the complainant and that there is no defect to the meter reading equipment. In the circumstances it is not permissible to adopt rule of thumb as indicated by the decisions of the National Commission in the decisions in DMT, Lucknow V/s. Madhu Enterprises,1991 2 CPJ 579, TDM and DMT V/s. Nitisaran, 1991 1 CPR 102-103, and direct to refix on the basis of average of 6 bi-monthly bills. However this is definitely a fit case to be referred to arbitration, as Arbitrator alone can find out after going to all the aspects and also hearing the complainant whether the bill is justified. We therefore allow the appeal, set side the order of the District Forum and direct the opposite party to refer the impugned bill for Rs.24,187/- for arbitration under Sec.76 of the Indian Telegraph Act. The opposite parties have disconnected the telephone as payment was not made. We direct the opposite party to restore connection to the complainant on payment of Rs.3,500/-. If it is found that the complainant is liable to pay only lesser amount than the bill amount, the Arbitrator will direct the opposite party to adjust the excess amount paid in the future bills and on the other hand if the complainant is liable to pay more the opposite parties are at liberty to collect the balance amount after giving a breathing time for payment of the same. The Arbitrator will consider whether the guidelines which we have mentioned in Appeal Nos.925/95 to 930/95 are observed by the department and if not the impact of it on the bill issued. A copy of Appeal Nos.925/95 to 930/95 will be appended to this order.