GENERAL MANAGER, TELECOM vs SCHEDULED TRIBES DEVP. FINANCE CO-OP. CORPN. LTD.

HEARD Mr. P.N. Mohapatra, learned Counsel for the appellant and Mr. D. Mohanty, learned Counsel for the respondent.

THE dispute relates to telephone No. 405948 at Bhubaneswar that belonged to the General Manager, Orissa Scheduled Castes and Scheduled Tribes Development Finance Co-operative Corporation Ltd. This was installed at his residence. It is not disputed that at one point of time the Corporation by their letter dated 25.9.1991 wanted that since the General Manager was going on transfer, the telephone should be kept in safe custody of the Department. It is also not disputed that for some time it was in their custody. It is alleged that while the telephone was in custody of the Telephone Department, by their letter dated 15.6.1992 the Corporation requested the Department to disconnect the STD facility from the telephone. Subsequently by letter dated 24.9.1992 the telephone connection was required to be restored, but it was not specifically stated therein that the STD facility should be also restored. It is the contention of Mr. Mohapatra that the moment a telephone is restored, normally it is restored with STD or ISD facility if such facility was previously given. Therefore, it is contended, if the complainant wanted at the time of restoration that the STD and ISD facilities were not necessary, they should have specifically mentioned this fact in their letter requesting, for restoration. It is contended by Mr. Mohanty that the complainant never utilised the STD facility. So far as the ISD calls are concerned, they were found to be very unusual and it could not have happened that any of the functionaries of the Corporaton could have made so many calls beyond the country.

Be that as it may, in our view in such a situation an inquiry is necessary to find out whether the complainant in fact did make such calls to outside countries. This Forum does not possess any expertise or any method of find out the correctness or otherwise of this allegation with regard to ISD calls. Therefore, we think that the Department should refer the matter to arbitration, as provided under Section 7(b) of the Indian Telegraph Act.

SINCE the telephone line has been disconnected for non-payment of the dues i.e., Rs. 25,045/- and Rs. 42,120/- vide bills dated 1.8.1993 and 1.10.1993 respectively, and it is necessary that the complainant should go with a telephone, we direct that let the complainant deposit whatever amount of bills that has been raised in respect of the telephone, except the amount for ISD calls. The Department shall submit a revised bill for the periods under the bills dated 1.8.1993 and 1.10.1993, deducting the amounts in respect of ISD calls. On receipt of the revised bill the complainant shall deposit the amount. The moment the amount is paid, the telephone shall be restored within seven days from such deposit. With the aforesaid directions the appeal is disposed of. The judgment of the District Forum is set aside. No costs. Appeal disposed of.