- (1.)Whether a subscriber's telephone can be disconnected by the department for the non-payment of bills without serving a written notice to that effect and without affording any reasonable opportunity to him to either comply with the demand or to show cause against the same? This is the crucial question which has been reagitated afresh somewhat vehemently by the learned Counsel for the parties in this appeal.
(2.)The partly successful complainant has appealed against the order of the District Forum, Gurgaon inter alia seeking compensation for the wrongful disconnection of his telephone and further relief to that already granted. The appellant in his somewhat exhaustive complaint running into nearly 20 paragraphs had raised a number of grievances against the respondent-department. The salient ones which deserve mention are firstly that the rental for his telephone No.21098 (lated changed to 32098) were charged excessively at the rate of Rs.500/- bimonthly whilst it should be charged at Rs.200/- only as his telephone was within a radial distance of 5 Kms from the Exchange.
(3.)The further allegations were that the appellant's telephone used to get connected to several telephone lines installed in the same area where the commercial establishments like M/s. Business Plus Communications Centre, M/s. HCL Ltd. were located, who were lavish users of STD facility for business purposes. Consequently the appellant received excessive bills for the period July, 1992 and September, 1992. In particular the averment was that during August, 1992 his telephone remained dead through out and despite repeated complaints far from the same being rectified, it was disconnected due to the alleged non-payment of a bill dated the Ist of July, 1992 for Rs.1293/- only without any written notice of intimation whatsoever and without affording any opportunity to him to show cause or to make payment of the alleged amount.