R.V. Raveendran, J. - (1.) Leave granted.
(2.) The respondent was the subscriber of telephone bearing No. 40193, in Anand Town installed at the residence of its Managing Director (for convenience we will also refer to the Managing Director as the subscriber). The bi-monthly bills in regard to the said telephone were usually around Rs. 8500. The appellant served on the respondent the following two bills aggregating to Rs. 454,652: _____________________________________________________________________ Bill date Period of the bill Amount _____________________________________________________________________ 1.4.1996 16.1.1996 to 15.3.1996 362,723/- 1.6.1996 16.3.1996 to 15.5.1996 91,929/- _____________________________________________________________________ The huge billing was on account of a large number of international calls known as party calls or sex talk calls to number 001-4152-085-234 and several calls to 001-4152-085-220/230/236/239.
(3.) The respondent made a written complaint dated 25.4.1996 after the receipt of the first bill stating that it had been mischievously and unscrupulously billed for large number of international calls made from some other numbers, but shown as having made from its number. It also complained in the said letter that many a time, when the subscriber lifted the telephone for making calls, he used to hear some ongoing talk. The Divisional Engineer of the appellant after verification informed the respondent by letter dated 21.5.1996 that the bills were correct for the following reasons: (a) Total line was underground and no portion of the line was exposed; (b) Absolute control to make a call or not to make a call, was with the subscriber as the phone had dynamic lock facility. (c) The telephone was working continuously and there was no complaint of the telephone being out of order. (Note: If the line is misused externally, the telephone of the subscriber will be dead with no dial tone). (d) The bills showed that the calls were made daily over a long period and not on any particular single day. (e) As the telephone was connected to an electronic exchange, there was no chance of excess metering. ;