PONDICHERRY TELEPHONES vs FLEXI PACKS

THE opposite party appeals.

THIS is a kind of unusual case. The respondent is a subscriber and he got an abnormal bill for the period from 1.11.93 to 1.1.94. As a result of his protest the Department/opposite party has agreed to deduct Rs. 13,684/- from the bill and assured the complainant that the amount would be adjusted against future bills. Quite to his dismay there was no such adjustment. On the contrary, there has been threats of disconnection and even actual disconnection in the subsequent periods. Aggrieved by this unjust course of action of the opposite party, the complainant approached the District Forum with the following prayers: (a) Refund by the Telephones Department of the amount of Rs. 8,161/- stood already at his credit and interest on the whole amount recovered exclusively; and (b) compensation for humiliation and mental agony suffered due to the act of the Department and for the disconnection and consequent deprivation of the use of the phone, at Rs. 1 lakh The District forum after hearing the parties found that the Department has accepted to deduct Rs. 13,684/- from his bill for the period from 1.11.93 to 1.1.94 and undertook to adjust the same against future bills. But the Department has failed to act as per its assurance, which has caused extreme inconvenience to the complainant. The District Forum, therefore, ordered the Department to pay an amount of Rs. 1,000/- by way of compensation for inconvenience in addition to interest at 12% in the amount which the Department agreed to deduct upto the date of payment by way of adjustments in several instalments.

We have heard both the parties. The only explanation tendered on behalf of the appellant is that the computer installed in the office does not have adjustment facilities. This is utterly unacceptable. If there is no computer facility, the adjustment can be effected by the staff member recovered in excess. The Department has no right whatsoever to keep any amount belonging to a subscriber except those which are authorized by law for purpose of security or otherwise. The scrupulous observance of this simple principle would have spared the department and also the subscriber many inconveniences. With this observation, the appeal is dismissed with cost of Rs. 300/-. Appeal dismissed with costs.