- (1.) THIS appeal is directed against the order dated 3.10.2003 passed by the District Consumer Disputes Redressal Forum, Bilaspur (Circuit sitting at Janjgeer) (hereinafter referred to as District Forum for short) in Complaint Case No. 16/2000 whereby the complaint was dismissed.
(2.) BRIEF facts necessary for disposal of this appeal as narrated in the complaint are : (a) The complainants were having five telephone connections, four connections bearing No. 33262, 33249, 33149 and 33409 were in the name of the company while one bearing No. 33349 was in the name of the complainant No. 2 who was a director of the company. It is averred in the complaint that after installation of the aforesaid five telephone connections the complainant has been regularly paying the bills raised by the opposite parties. (b) It is further averred that the complainant had paid all the bills for the financial year 1998 -1999 suddenly the complainant received a letter dated 12.11.1999 from the opposite party No. 1 that four bills regarding 31449, 33409 , 33409 and 33409 for a sum of Rs. 11,162/ -, Rs. 35,892/ -, 33,050/ - and Rs. 30,331/ - respectively are still pending payment. The said bills were respectively for the period 1.4.1998, 4.10.1998, 4.12.1998 and 1.2.1999. (c) Thereupon the complainant wrote to the opposite party No. 1 to check the records. It is further averred that the company, without prejudice to its right, agreed to pay the aforesaid total amount of Rs. 1,10,435/ - towards the aforesaid bills and requested the opposite party No. 2 to grant the facility of instalments. After the request was considered the complainant started paying Rs. 10,000/ - towards instalment besides payment of the regular bills and paid the instalment in the month of December, 2000 and January, 2001. In February the complainant paid a sum of Rs. 15,892/ - so that to clear one out of the four bills. (d) After payment of third instalment all the telephone connections bearing No. 33262, 33249, 33149 and 33409 were disconnected without giving any notice either oral or in writing. Besides the aforesaid phones the telephone in the name of the complainant No. 2 was also disconnected. (e) On inquiry the complainant was told that the phones could only be activated on full payment of pending bills. Consequently, the company had to succumb to the coercive and arbitrary attitude of the opposite party and make payment because the company was suffering huge losses on account of being cut of from the rest of the world. Such attitude of the opposite parties amounted to deficiency in service. Hence the complaint before the District Forum for grant of a sum of Rs. 1,00,000/ - towards deficiency in service and Rs. 50,000/ - towards the harassment to the complainant. (f) The complainants had filed affidavit of Dina Nath Agrawal and Lakhan Lal Agrawal in support of the complaint and had placed documents on record.
(3.) THE opposite party resisted the complaint and submitted that vide letter dated 12.11.1999 the opposite party had served notice to the complainant to pay the amount under the four bills. As the bills dated 4.12.1998 and 1.2.1999 remained unpaid all the four connections in the name of the company and the one in the name of the complainant No. 2 i.e., the Director of the company were disconnected under provisions of Rule 443 of Indian Telegraph Rules. It was denied that the telephones were disconnected without notice. It was further averred that the phones were connected as soon as the amount of the defaulted bills was paid. It was also averred that the act of opposite party does not amount to deficiency in service. Affidavit of Ashok Singh, Sub -Divisional Officer Telecom, Champa has been filed in support of the written version. The learned District Forum dismissed the complaint hence the complainant has come up in appeal.;