A R SHINDE Vs. MAHANAGAR TELEPHONE NIGAM LTD

JUDGEMENT

(1.) The petitioner Shri A. R. Shinde filed a complaint against Mahanagar Telephone Nigam Ltd. , Janpath, New Delhi (MTNL) alleging unfair trade practices by it. He has mentioned that he was required to pay installation charges for a telephone connection sanctioned to him after his retirement against his Registration No. NP/noyt/55-11 dated 11.3.1991 without any justification as he was allowed to retain the same telephone No.6447016 already installed at his residence while he was the Director General of All India Radio. His contention is that the amount of Rs.800/-by way of installation charges paid by him was not justified as no installation work was done. He further stated that despite his correspondence with the various Authorities including the then Union Minister of State for Communication, no relief was given to him. He also added that atleast a rebate of Rs.250/- should have been given to him as no internal wiring was done in this case and as per MTNL Rules the subscriber is entitled to this rebate of Rs.250/- in case internal wiring is not carried out.

(2.) The Director General (Investigation and Registration) (the DG for brief) has also submitted a preliminary investigation report in this case. According to DG's report no case of unfair trade practice is made out and no action is required to be taken under the Monopolies and Restrictive Trade Practices Act, 1969 (the Act for brief ). The facts mentioned by the complainant Shri Shinde are not disputed. It is admittedly correct that he was also allowed to retain the same telephone number but it was treated as a new telephone connection as his booking was under special category. As the old telephone number might be required to be given to the new incumbent of the post of DG or to somebody else in the All India Radio and since the installation charges would not be levied for that connection, an amount of Rs.800/- was charged by MTNL from him.

(3.) We have considered the facts of the case as mentioned by Shri Shinde in his complaint and the PIR submitted by the DG. From the documents on the file we find that the facts mentioned by the DG in his PIR are supported by the letters of MTNL. It had been highlighted therein that the old telephone connection has been kept in safe custody and will be given to the All India Radio whenever required without levying installation charges for releasing the connection. Since the new telephone which was provided to Shri Shinde after his retirement was in his personal capacity, the installation charges were received from him in accordance with the Rules. Similarly, the rebate too is not admissible to him. In view of the above, we are of the opinion that there is no substance in the complaint filed by Mr. Shinde and that there is no case of unfair trade practice by MTNL as alleged. Accordingly, no further action is required to be taken on the complaint which is hereby, dismissed.