Union of India vs SUMANT NEGI

THIS is an appeal against the order dated 12.8.1999 passed by the District Forum, Pauri Garhwal whereby the complaint of the complainant was allowed and the appellants were directed to pay a sum of Rs. 1,413 to the complainant which was charged excessive in the bill for the period from 16.5.1997 to 15.9.1997 and also to refund a sum of Rs. 888 to the complainant which was wrongly realized from the complainant for the period from 16.9.1997 to 15.11.1997. The appellant was further directed to pay interest on the aforesaid amount @ 6% from 17.2.1998 till the actual date of payment and costs of litigation of Rs. 1,000.

THE brief facts of the case are that the complainant is having a telephone connection No. 22790 at his residence. It is alleged that the opposite party sent him bills twice in 4 months between 16.5.1997 and 15.9.1997. THE complainant paid the first bill of Rs. 521 but the opposite party again issued the bill for the same period. Since the complainant was not at his home, his family members by mistake made the payment of the said bill. THE complainant applied for adjustment of the amount but he was not heard. THE complainant in para 6 of his complaint has given a chart of past and present reading and calls made. According to the chart, in the bills from 13.9.1997 to 15.11.1998, meter reading has been mentioned. It is alleged that the meter reading should be 18483 and the calls made should have been 417. THE complainant thereafter filed the complaint before the learned Forum for the relief as detailed in his complaint. THE complainant also filed his affidavit in support of his allegations. The opposite party/appellant filed written statement and admitted that the complainant had made the payment of the bill for the period from 16.5.1997 to 15.7.1997 and had also deposited the bill for the period from 16.7.1997 to 15.9.1997. It is alleged that the bills of the aforesaid period were again issued to the complainant as supplementary bills, which the complainant again paid. The reason for issuing the supplementary bill was that during the period 16.5.1997 to 15.9.1997, the Telephone Exchange, Pauri became out of order due to some technical reasons. The data cartage was damaged and it was re-developed by installing another data cartage.

The learned Forum after taking the evidence of the parties and hearing them allowed the complaint as above, against which order the present appeal has been filed.

WE have heard the learned Counsel for the parties and gone through the records. The appellant has admited that there was technical fault in the Telephone Exchange of Pauri due to which supplementary bills were issued. It is alleged that the complainant was not pressurized to make the payment of the supplementary bills and he made the payment out of his own. The complainant has specifically alleged that he was not at his home and his family members, by mistake, made the payment. The appellant has further alleged that due to installation of new data cartage, there was some discrepancy in the series of meter reading. But for this discrepancy there is no reason that the complainant should be penalized. In absence of any affidavit and other direct material evidence, we are unable to believe the case of the appellant. The complainant has specifically given a chart in his complaint, in which all the details have been given. This chart has not been controverted by the appellant. There is clearcut deficiency in service of the appellant in issuing the supplementary bills to the complainant, therefore, the learned Forum was perfectly justified in passing the above order. This appeal has got no force and is liable to be dismissed. ORDER The appeal is hereby dismissed. Costs shall be easy. Appeal dismissed.