DISTT. TELECOM ENGINEER, TELEPHONE DEPTT., KOTA vs USHA SHARMA

-THIS is an appeal of District Telecome Engineer, Kota against the order of District Forum, Kota dated 16.9.92 directing the appellant to take action according to para 434 of the Telephone Department Manual regarding the telephone bills which had been issued to the respondent. The facts leading to the filing of this appeal are that on 5.10.90 the respondent filed a complaint before the District Forum, Kota alleging that she carries on business of photography under the name and style of M/s. Jimi Studio at Kota and has a telephone connection installed on her shop. The telephone number of the said connection is 21882. First telephone bill in respect of this connection was received for an amount of Rs. 708/- and the second telephone bill was for Rs. 1407/- The respondent made a complaint in the telephone office regarding the amount of the bill stating that the connection has been used by other persons from other place. No action was taken on her complaint by the appellant. On 7.5.90 a bill of Rs. 2847/- was received by the respondent. The respondent made a grievance regarding this bill. Later on the balance amount of Rs. 1000/- was also got deposited. On 15.5.90 the respondent made an application for disconnecting the STD facility. It was prayed in the complaint that the meter of the telephone connection may be got tested and the amount levied in excess in the telephone bills may be got prevented.

THE complaint was opposed on behalf of the appellant by filing a version before the District Forum, It was pleaded that on receipt of the complaint of the respondent, necessary investigation was made and the bills were found to be correct. THE meter relating to this telephone connectoin was checked and no defect was found in it. THE telephone equipment from inside the house and outside the house were also checked and there was no fault. Lastly it was pleaded that there is a provision in Section 78 of the Telegraph Act for arbitration and the respondent ought to have bound with the arbitration. The District Forum held that the respondent had made complaints against the telephone bills on various dates viz. 1.3.90, 7.5.90, 1.7.90 and 1.9.90. The Forum observed that the department did not inform the respondent regarding the decision taken on the complaints. It was further stated that compliance has not been made on various circular letters which have been issued by the telephone department.

The appellant had produced before the District Forum a statement regarding the investigations made. It appears from this statement the meter was tested on 29.3.90, 31.5.90 and 31.7.90 and no fault was found in the meter. The statement also contains the readings of the meter from the date of the installation of the telephone till 15.10.90. It is an admitted fact that the telephone connection was shifted with S.T.D. facility. The amounts of the bills were not excessive. It has been shown by the department that necessary investigation was made and there was no defect. The complainant failed to substantiate that the bill received by her was in any way excessive. When the department had already made investigation, the District Forum was not justified in directing the department for further investigation and to stop payment of the telephone bill. I allow this appeal and set aside the order of the District Forum, Kota dated 16.9.92 and dismissed the complaint filed by the respondent. Appeal allowed.