Bharat Sanchar Nigam Ltd. vs NARESH KUMAR AGARWAL

THIS is an appeal by the Bharat Sanchar Nigam Ltd. against the judgment and order dated 10.7.2001 passed by the District Forum, Haridwar whereby the appellant was directed to reconnect the telephone of the complainant without charging any fee and to pay a compensation of Rs. 5,000/- along with Rs. 2,000/- as cost of litigation.

THE brief facts of the case are that Shri Naresh Kumar Agarwal had a telephone connection No. 1358, the number of which was subsequently changed as 426785. THE complainant has always been depositing the bill. THE last bill received by the complainant was on 1.2.1999 for Rs. 900/-. It was paid on 17.2.1999. THE telephone of the complainant was disconnected on 22.3.1999 without any intimation. When the complainant enquired, it was revealed to him that there are some dues against him of the year 1992. THE complainant was given duplicate bill of 1992 showing arrear of Rs. 1,801/- including the connection charges. When the complainant requested that there are no dues against him, none was prepared to hear. THE complainant gave a notice. When no action was taken, he filed a complaint before the Forum. The appellant contested the complaint and alleged that on 5.4.1991, the complainant has got his telephone for S.T.D. facility, therefore, its number was changed. According to the appellant, the Bill of 21.4.1992 for Rs. 294/-, 21.6.1992 for Rs. 1,209/-, 21.8.1992 for Rs. 194/- totalling Rs. 1,696/- was due which the complainant did not pay inspite of demand, hence his telephone was disconnected. The learned Forum heard the learned Counsel for the parties and gone through the records. It is conceded fact that the deposits had already been made by the complainant when it was due. The register and papers of the Department was summoned by the Forum and there every deposit was shown blank.

Even otherwise, all of a sudden after about 7 years no bill can be issued showing arrears of 7 years back without making proper inquiries and at least, telephone cannot be dis-connected without proper notice in writing. It is true that nobody preserves receipts for years together and it is very difficult for anybody to search out the deposited bills and receipts of 7 years back.

IT is admitted that subsequently these arrears were written off. Now the learned Counsel for the appellant contested on the amount of compensation and cost. A consumer who is humiliated, harassed, insulted in this way that even without any dues, his telephone is all of a sudden disconnected, can get any amount of compensation he claims. IT is not at the mercy of the Department to disconnect telephone of anybody pretending arrears. In the circumstances in which the matter has been dealt with, the amount of compensation and cost cannot be said to be excessive. IT was enough that the Forum did not write that the official who is guilty of all this negligence should be searched out and punished by way of realisation of compensation and cost from him. However, the appeal has got no force and is to be dismissed. ORDER The appeal is hereby dismissed. Cost of the appeal shall be easy. Appeal dismissed.