DIRECTOR OF AGRICULTURE Vs. DISTRICT MANAGER TELEPHONE

JUDGEMENT

(1.) The complainant, Director Agricultural Haryana, has alleged that the average telephone bills upto 15.12.91 were Rs.22,266/- to Rs.59,289/-. However, the bill for the period 15.12.91 to 14.2.92 was Rs.1,65,579/-, this was excessive and a complaint regarding this excessive billing was made on 13.3.92. Several further communications were made and on 25.3.92 the bill was provisionally considered for Rs.59,979/- and as many as 96000 calls were considered disputed. Ultimately on 18.6.92 the respondent decided that the entire bill was payable by the complainant and the demand for Rs.66,416/- was made. The complainant sent another complaint on 7.7.92 but of no avail. There was no particular reason for exceptionally excessive calls. The telephone was maintained under lock and key. The complainant has prayed that on the basis of average calls the respondent was not competent to recover the excessive sum of Rs.66,416/-.

(2.) The respondent filed a reply wherein it has been averred that there was STD facility at the headquarters of the complainant and its extensive use could not be ruled out. It shall be useful to refer to bills for the previous one year when too STD facility existed and these are reproduced as under from para 4 of the complaint: S. No. Period Amount 1.16.12.90 to 15.2.91 47118.00 2.16.2.91 to 15.4.91 45644.00 3.15.4.91 to 15.6.91 41322.00 4.15.6.91 to 14.8.91 50378.00 5.16.8.91 to 15.10.91 57746.00 6.14.10.91tol5.12.91 59289.00

(3.) It shows that the bi-monthly bills during the previous year did not exceed Rs.59,289/-. The respondent has not given the details for the entire sum of Rs.1,65,579/- for a single bi- monthly bill which establishes deficiency. In the circumstances of the case we hold that the bi- monthly bill for Rs.1,65,579/- was obviously excessive and remained un-explained. The complaint succeeds and it is ordered that the provisional relief allowed by the respondent is hereby made absolute and the amount beyond Rs.59,979/- i. e. , the highest bill shall not be recoverable. The parties are left to bear their own costs.