BHARAT SANCHAR NIGAM LIMITED Vs. JAGDISH PRASAD THAKUR

JUDGEMENT

(1.) -THIS appeal by opposite party the Bharat Sanchar Nigam Limited (BSNL), arises from the order dated 25. 8. 2004 passed in C. C. No. 129/2004 by the District Consumer Disputes Redressal Forum, Seoni quashing the telephone bills of the months of January and February-2004 raised by the appellant BSNL against telephone connection No. 220935 of respondent-complainant, with direction to the appellant to raise fresh bill on the basis of average of previous bills of six months immediately preceding the date of bill in question.

(2.) THE disputed bill dated 11. 3. 2004 was raised for a sum of Rs. 3579 showing net chargeable calls 2645 besides free calls 100. The complainant has produced his bimonthly bills of the previous more than two years to show that at no point of time the bill of any two months had exceeded Rs. 1,000. He also represented against the said bill, but no action seems to have been taken by the appellant Corporation which defended the bill in question and it was contended that the bill has been raised on the basis of actual calls made by the complainant and recorded by the meter. The Forum however allowed the complaint in part and passed the order as aforesaid thus giving rise to this appeal.

(3.) MR. Rajeev Jain, learned Counsel for appellant Corporation besides assailing the impugned order on merits, raised plea of bar and it was contended that under Section 7-B of the Indian Telegraph Act, 1885, the dispute raised by the respondent-complainant could be resolved/determined only by arbitration and the jurisdiction of the District Forum was barred in the matter. He places reliance on the two decisions of the National Commission in the case of Divisional Engineer, Telecom Moradabad v. Virender Kumar, II (1997) CPJ 60 (NC) and in Gokulanand Sahay (Dr.) v. Chief General Manager and Others, III (2006) CPJ 368 (NC ).