TELECOM DISTRICT MANAGER vs ISHWAR CHANDER

THE Telephone Department has come up in appeal against the order dated 7.6.1996 passed by the learned District Consumer Forum, Hisar, whereby the complaint of lshwar Chander son of Chhaju Ram alleging deficiency in service and challenging the excessive billing has been disposed of by passing the following direction: "........it is ordered that the disputed bill shall be re-framed by the department by taking into account the average number of calls recorded during the fortnights beginning from 15.7.1992 to 15.9.1992 and it shall add 25% more calls therein. In the particular circumstances of the case, the parties are left to bear their own costs."

THE complainant had approached the learned District Consumer Forum with the grievance that the telephone bill for the period 16.9.1992 to 15.11.1992 amounting to Rs. 10,779/- received by him did not reflect the correct metering of calls. In their reply, the Telephone Department pleaded that since STD facility was attached to the telephone of the complainant and there being no fault in the metering equipment, the complaint was without any basis. THE learned District Consumer Forum, after examining the evidence produced by the parties came to the conclusion that the telephone of the complainant was subjected to investigation and according to the report of the investigator there was a spurt for the period ending l5.10.1992. Hence, re-framing of the disputed bill was considered necessary by issuing the aforesaid direction. In the appeal before us, the learned Counsel for the Telephone Department has vehemently reiterated the stand taken by the Telephone Department before the District Forum to contend, that where STD facility was attached to the telephone, no average or mean ratio with regard to the metering of calls could be taken into account.

After hearing the learned Counsel, we do not find any merit in the appeal as the dispute is not regarding the drawing of any average number of calls for arriving at a correct figure, but as to whether the spurt was found in the metering of calls or not. Once the learned District Consumer Forum found as a fact that there was metering defect and spurt in the calls was noticed, the direction issued for there framing of the disputed bill by the learned District Consumer Forum cannot be said to be unwarranted. Consequently, there being no legal infirmity in the order passed by the learned District Consumer Forum, the appeal is dismissed with no order as to costs. Appeal dismissed.