SUBIT KUMAR GANGULI Vs. ACCOUNTS OFFICER (SBP) TELECOM DEPARTMENT, BONGAIGAON & OTHERS
LAWS(GAU)-1994-7-27
HIGH COURT OF GAUHATI
Decided on July 11,1994

SUBIR KUMAR GANGULI Appellant
VERSUS
ACCOUNTS OFFICER (SBP) TELECOM DEPARTMENT AND ORS Respondents

JUDGEMENT

- (1.)This writ petition has been filed mainly praying for a relief that the telephone bills dated 11.6.1993, 11.8. 1993 and 11.10.93 including supplementary bill dated 10.1.94 in respect of Telephone No. 20580 (Nalbari) be quashed and the Respondent be directed to restore the telephone facility along with dynamic locking system.
(2.)After hearing learned Counsel for the Petitioner and also Mr. Choudhury learned Counsel appearing for the Respondent we are of the opinion that the nature of the dispute which has been raised in the present writ petition involves investigation of facts which may require both oral and documentary evidence to be adduced by the parties. On the materials which have been filed by the Petitioner in this writ petition we cannot record any finding in favour of the Petitioner as to whether the bills which have been raised by the Respondents are correct or not, We are further of the opinion that the Petitioner has got an alternative statutory remedy by raising the grievance before the District Consumer Forum at Nalbari. It has not been disputed by the learned Counsel appearing for the parties that the District Judge, Nalbari is the President of District Consumer Forum, Nalbari and us such dispute can be raised before the aforesaid District Consumer Forum.
(3.)In view of what has been stated above we are of the opinion that it is not a fit case for interference by this Court under Article 226 of the Constitution. However, we are of the opinion that the interim stay granted by this Court shall remain in operation for one month from today so that Petitioner may approach the District Consumer Forum, Nalbari for getting his grievance redressed.


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