BASANT LAL vs GENERAL MANAGER, DOOR SANCHAR

THIS complaint has been filed by Basant Lal Jaiswal against General Manager, Door Sanchar and three others under Section 12 of the Consumer Protection Act, 1986.

BRIEFLY facts of the case are as follows : The complainant has a telephone connection No. 266493. This telephone is used by the complainant who is an advocate to transact his business. The telephone charges from 1985 onwards have been around Rs. 375/- against each bill. On 1.6.1994 a bill was given which showed as per meter reading 107 calls and it was amounting to Rs. 361/- which was paid to the complainant. But on the same bill of 1.6.1994 the opposite party showed the arrear of Rs. 9,00,625.50 against the bill of 1.6.1990 in respect of the telephone No. 233739 which the complainant held at that time. The complainant had paid Rs. 250/- as the call charges against the bill of 1.6.1990 which needed same correction and ultimately an amount of Rs. 500/- was deposited after getting a duplicate copy. The amount of Rs. 9,00,625.50 was never asked from 1.6.1990 till 1.6.1994. In this connection the complainant contacted Deputy General Manager and other opposite parties from time to time, and he was not allowed to meet the higher officers. Because of this act of utter carelessness and irresponsibility, the opposite parties indulged into gross deficiency in service and when the complainant wanted redressal he was threatened with disconnection of his telephone. He had paid Rs. 361/- and the due charges against the bill dated 1.6.1994 and by the act of the opposite parties in demanding Rs. 9,00,625.50 the complainant has been harassed and mental torture has been caused to him. He has, therefore, claimed that this amount of Rs. 9,00,625.50 entered in bill No. 1694 may be cancelled, the bill corrected and the complainant be given compensation of Rs. 50,000/- for mental torture and Rs. 10,000/- for running here and there. The opposite parties filed written statement and admitted that in the bill dated 1.6.1994 arrear shown of Rs. 9,00,625.50 was entered as a result of error in the computer and therefore, the amount was wrongly printed against the old telephone number 233739 of the complainant. The mistake had occurred because of error in processing of the papers for which the opposite parties have expressed regret to the complainant and there is no outstanding amount against the complainant. They have stated that there is no ground of filing a complaint as the complainant did know that he has not to make the payment.

We have gone through the entire evidence which is on record. The bill dated 1.6.1994 has been enclosed in the complaint as Annexure I. The amount of the bill has been shown as Rs. 361/- and arrears in respect of telephone No. 233739 have been shown to be Rs. 9,00,625.50 with effect from 1.6.1990. It is also clear from the Annexures 2/1 and 2/2 of the complaint that in respect of bill dated 1.6.1990 certain correction has been made on the request of the complainant in July 1997. This goes to show that the complainant must have got alarmed with the exaggerated bill.

THE department of telecommunication, who are the opposite parties have clearly admitted the default. THE complainant must have made a lot of running around to get the bill corrected as is evident from the statement which is Annexure 2/2. THE fact that the complainant was never informed by the opposite parties that the amount of Rs. 9,00,625.50 was entered wrongly in the bill dated 1.6.1994 and the mistake committed was admitted in the written statement of the opposite party, goes to show that there has been negligence on the part of the opposite parties. THErefore, there has been a deficiency of service although not of very major nature as from the perusal of the bill dated 1.6.1994 no consumer would believe that he has to pay a huge amount. A mild view has, therefore, to be taken. Of course the onus of getting the bill corrected lies on the opposite parties. ORDER THE complaint is allowed. THE opposite party No. 1 General Manager, telecommunication, Lucknow is directed to pay to the complainant an amount of Rs. 5,000/- as damages for harassment and torture and Rs. 1,000/- as costs of proceedings. THE opposite party No. 1 is also directed to issue an official communication to the effect that the amount of Rs. 9,00,625.50 is not payable by the complainant. Let copies be made available to the parties as per rules. Complaint allowed with costs. ______________