LAWS(NCD)-2009-3-32

BHARAT SANCHAR NIGAM LTD. Vs. RAMESHWAR PRASAD

Decided On March 13, 2009
BHARAT SANCHAR NIGAM LTD. Appellant
V/S
RAMESHWAR PRASAD Respondents

JUDGEMENT

(1.) THIS revision petition has been filed by Bharat Sanchar Nigam Ltd. (BSNL) - opposite party (OP) before the District Forum challenging the order of Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal (for short State Commission') dated 15.4.2008 vide which order of dismissal of the complaint by the District Forum, Satna has been reversed by the State Commission and complainant's telephone bill of Rs. 1,74,876 has been quashed with liberty with the petitioner to raise fresh bill showing the previous meter reading at 48301 as on 1.4.2003 and last meter reading at 1,28,361 as on 31.10.2005. The Commission has further ordered the payment of the bill raised, in instalments of Rs. 1000 p.m. and further directed the petitioner not to levy any surcharge for late payment nor impose any penalty or interest. A cost of Rs. 1,000 was also imposed holding that the petitioner was responsible for the entire litigation.

(2.) GRIEVANCE of the respondent/complainant before the District Forum was that he had two telephone connections; one telephone No. 205550 was a domestic connection for personal/private use and the other telephone No. 265646 to be used as PCO. He made regular payment of the telephone bills upto Aug., 2005. Bill for October, 2005 in respect of domestic connection 265550, however, was not received and, therefore, he informed the petitioner in writing about it. The petitioner thereafter sent him a bill dated 4.11.2005 for Rs. 1,66,286 which the complainant claims to have received on 6.2.2006 but in the meantime, the petitioner without any notice disconnected the telephone connection, thus forcing him to approach the District Forum. The District Forum after analysing the evidence produced by the parties and after hearing the Counsel, dismissed the complaint. The State Commission on appeal by the complainant, set aside the order of dismissal passed by the District Forum and quashed the telephone bill in the terms stated earlier.

(3.) AGGRIEVED by this order of State Commission dated 15.4.2008 that the opposite party - BSNL have filed this revision petition.