TELECOM DISTRICT ENGINEER PONDICHERRY Vs. R SHANGMUGAM

JUDGEMENT

(1.) The short question that arises for determination in this Revision Petition is whether in a case where the complainant who is the subscriber of a telephone had approached the District Forum with the grievance that certain telephone bills served on him were excessive and the District Forum thought it fit to refer the dispute for arbitration under Section 7B of the Indian Telegraph Act and closed the case and, thereafter, an arbitration was duly conducted by the Arbitrator appointed under Section 7B and an award was made and published, it is legally open to the District Forum to entertain a challenge against such award and issue directions for reconnection of telephone.

(2.) The Telecom District Engineer, Pondicherry jointly along with the Accounts Officer attached to his office have filed this Revision Petition challenging the order dated 3rd August, 1995, passed by the State Commission, Pondicherry whereby it was held that when a dispute regarding the legality and correctness of a telephone bill had been raised before the Consumer Forum and the said dispute was referred for arbitration under Section 7B of the Indian Telegraph Act, the award made by the Arbitrator "will not conclude the matter and the final decision will remain with the Court" and it is open to the complainant in case he is aggrieved by the award to file an application before the Consumer Forum to have the award scrutinised and suitable order passed in the complaint by the Forum. The District Forum before which the complainant had filed objections against the award took the view that the award passed by the Arbitrator was conclusive and final and the Forum could not interfere with the said award on merits. It merely directed the complainant to remit the sum of Rs. 11,417/- being the balance payable by him as per the award and the Telecommunication Department was directed to reconnect the telephone of the complainant immediately on payment of the said amount.

(3.) The aforesaid order passed by the District Forum was set aside by the State Commission on the basis of the view taken by it as to the power of the Forum to scrutinise the correctness of the award of the Arbitrator. Accordingly, the appeal filed by the complainant before the State Commission was allowed in part, and an order was passed in the complaint petition directing the Telephone Department to restore the telephone connection of the complainant upon payment of half of the amounts of the three disputed bills less any amounts already paid against those bills. It was declared that it was open to the complainant to file application before the District Forum, to have the awards scrutinised and a suitable order was directed to be passed in the complaint by the District Forum.