GENERAL MANAGER CALCUTTA TELEPHONES Vs. ARGHA MITRA

JUDGEMENT

(1.) THIS Revision Petition has arisen out of the Order dated 11.12.95 passed by the West Bengal State Commission at Calcutta setting aside an Award dated 11.7.94 by Shri S.K. Bhaduri, Deputy General Manager, Calcutta Telephones given under Section 7B of the Indian Telegraph Act, 1885 in pursuance of the orders and directions given by the District Forum, Calcutta in its order dated 1.12.93 passed in CDF Case No. 2665/93 raising the dispute in relation to two bills for the Cycles 7 and 9 of 1993 in respect of telephone No. 350 - 2081.

(2.) THE complainant in his complaint had alleged that he received two inflated bills for the Cycles 7and 9 of 1993 in respect of telephone No. 350 -2081 and alleged deficiency in service on the part of the Calcutta Telephones. The case was heard by the District Forum on 1.12.93 and the rivals contentions were noticed. The District Forum in its order dated 1.12.93 directed "that the aforesaid impugned bills are sent to arbitration for adjudication u/Section 7B of the Indian Telegraphs Act, 1885 and the proceedings shall be initiated within one month and the same will be concluded within two months."

(3.) THE complainant filed an appeal before the State Commission, West Bengal questioning the Award passed on 11.7.94 by Shri S.K. Bhaduri. The complainant in his appeal alleged that the ex -parte Award passed by the Arbitrator is prejudiced, unlawful, biased and partial as the Arbitrator was biased and partial in adjudicating the dispute between the complainant and the Telephone Authority. It was claimed that the complainant was not duly served of the notice of the hearing fixed by the Arbitrator. The complainant admitted that he had submitted his statement of objections on 31st May, 1994 before the Arbitrator. The State Commission opined that the complainant had not been given a reasonable opportunity to present his case at the time of hearing, and the Award dated 11.7.94 passed by the Arbitrator was set aside. The case was remanded back to the Arbitrator for re -hearing.