DEPARTMENT OF TELECOMMUNICATION Vs. CHANILAL KASAR

JUDGEMENT

(1.) This appeal is directed against order dated 29.12.1995 passed by District Consumer Disputes Redressal Forum, Raipur (for short District Forum, Raipur) in Complaint Case No.583/95.

(2.) The facts in brief are that respondent is a subscriber of telephone No.23123. This telephone was disconnected for non-payment of telephone bill dated 23.8.1994 for Rs.200/-. Disconnection was done on 20.10.1994. Above bill was however paid belatedly on 21.1.1995. However, since reconnection charges were not paid and other charges were also not paid hence reconnection was not done. Since the respondent had committed default in payment of bill a demand for Rs.1,200/- by way of security deposit was also raised, as per rule, which was not paid. As per rules, even after disconnection, bio-monthly rental bills were also raised as per rule. On a complaint filed by respondent in the District Forum alleging raising of above demands as deficiency of service, the District Forum vide their impugned order held that respondent will have to pay Rs.100/- as reconnection charges and Rs.1,200/- as security deposit. Appellant has stated that they negated statutory telegraph rules by holding that respondent was not made liable to pay the rental bills for intervening period between disconnection and reconnection.

(3.) We have heard the appellant and we have also perused the record of the case as well as Rule 443 of Indian Telegraph Rules. The National Commission in their order dated 3rd August, 1992 in the case of Telecom District Engineer, Bhatinda and Anr. V/s. Ramji Das,1992 3 CPJ 24 (NC), held that Rule 443 of the Indian Telegraph Rules clearly empowers the Telephone Department to disconnect a telephone without notice if the subscriber is in arrears. In case a telephone has been disconnected for non- payment of arrears and connection is sought to be restored within six months, Rule 169 (1) of the Post and Telegraph Manual Vol. XIV comes into play. That rule reads as follows : "169 (1 ). It the telephone dues are not paid by the subscriber on or before the due date, his telephone is disconnected and it will normally be restored on the payment of full amount of dues with the reconnection fee as prescribed in Para 66 in Pandt Manual Volume XII. The subscriber is also liable to pay the rent for the period the telephone remained disconnected. If the dues referred to above are not paid within six months from the date of disconnection the connection should be treated as permanently closed and will not be restored thereafter. The request for restoration should be treated as a request for new connection. "