NARAYAN HARI NAIK vs ACCOUNTS OFFICER (TR COMP)

THIS appeal is against the order dated 2.10.2002 of District Forum (North) dismissing the complaint as not proved.

APPELLANT remained absent for six hearings though several opportunities were given to him to file written arguments and hence this appeal is decided on merit. It is the stand of the appellant (complainant in original complaint) that he was receiving excessive billing of his residential telephone for a period of more than a year i.e., March 2000 onwards. Complainant verbally informed the respondent about excess billing and that he is billed for 95 calls during a period he was out of station. After visiting respondent''s office several times, he sent a legal notice on 18.4.2001 to Accounts Officer about excessive billing and asking for breakup/details of bills. In reply respondent informed that details of calls within Goa is not available and that complaints of excessive readings should be addressed to Sub-Divisional Engineer of concerned Exchange within 15 days as per instructions on reverse of the bill.

Opposite party in original complaint, now respondent denied that any complaints were lodged with them about excess billing. Similarly, details of local calls cannot be provided.

BOTH the parties filed their respective affidavit-in-evidence before the Forum and on hearing both the parties Forum concluded that complainant approached the opposite party belatedly. Besides he has also paid the bills without any protest. It was held that it could not be assumed that though complainant was out of station for some days during November 2000, the telephone was beyond the reach of any other person. Hence there is no deficiency in service and complaint is dismissed. In our opinion, it is fact that the complaints about excess billing made to the opposite party were belated and was also not addressed to appropriate authority. Even when it was pointed out by respondent in their letter dated 23.4.2001 that such complaint should be addressed to Sub-Divisional Engineer of concerned Exchange, the grievances were not taken up with appropriate authority even at that belated stage.

UNDER the circumstances, we do not find any ground to interfere with the order of the District Forum, North Goa and it is maintained. The appeal stands dismissed. No costs. Appeal dismissed.