TELECOM DISTRICT ENGINEER Vs. LATHA SUNDAR RAJ

JUDGEMENT

(1.) This appeal is directed against the order by the District Forum, Pathanamthitta, in O. P. No.309/94. Opposite party is the appellant.

(2.) For the reasons we have already stated in Appeal No.1577/95 we are unable to sustain the order passed by the District Forum. However, we find here also the amount of bills is highly inflated and the matter requires to be referred to arbitration. In the circumstances we direct the opposite party to refer the disputed bills for arbitration. It is stated that for non-payment of the disputed bills dated 21.6.94, 21.10.93, 21.12.93 and 21.2.94, telephone is disconnected. It is represented that the complainant has already remitted the first two bills and one half of the bill dated 21.12.93 and Rs.3,000/- towards the bill dated 21.2.94, we direct the opposite parties to restore connection on payment of Rs.2,000/-. We may mention that the complainant has got a case that even after disconnection the bill was issued recording that calls were made from his telephone. The Arbitrator will consider this aspect also. He will also consider whether the guidelines which we mentioned in Appeal Nos.925/95 to 930/95 were complied with and if not its impact on the impugned bills. Before passing the final order the complainant will be given an opportunity to substantiate his case before the Arbitrator. If it is found that the complainant is liable to pay only lesser amount than the bill amounts, the Arbitrator will direct the opposite party to adjust the excess amount paid by the complainant towards the future bills. If it is found that further amounts are due from the complainant it would be open to the department to take appropriate action for recovery of the balance amount after giving a breathing time for payment of the same. Appeal is disposed of as above. Appeal disposed of.