- (1.) THIS is an appeal directed against the order passed in Complaint No. 72/2001 by the District Consumer Disputes Redressal Forum, Surguja (hereinafter referred to as the District Forum) dismissing the complaint.
(2.) THE grievance of the complainant is that she is a subscriber of the telephone No. 26188. It is further averred that her telephone was dead for at least 10 to 15 days a month and she was unable to use it. She had complained against the respondents/O.Ps. regarding delay in providing phone connection, therefore, the respondents/O.Ps. are revengeful against her. After obtaining the phone connection she received the first phone bill for the said phone for Rs. 68/ - which was paid in time. No other bills were sent to her. Although she was not provided any other bill for the phone and the phone connection at her residence was disconnected without any notice to her. A compensation of Rs. 20,000/ - is prayed. An affidavit and copies of letters dated 19.3.2001, 4.4.2001, 16.4.2001, 26.4.2001 and 12.4.2001 have been filed in support of her contentions.
(3.) RESPONDENTS have denied the allegations of prejudice and stated that the phone connection was disconnected for non -payment of two bills dated 11.12.2000 and 11.2.2001 for Rs. 269/ - and Rs. 220/ - respectively. Phone was disconnected on 21.3.2001. It is also contended that no complaint regarding the phone being out of order is on record. It is stated that as stated on the back of the bill the department is entitled to disconnect phone without notice for non -payment. Respondents have not filed any affidavit or document in support. Relevant provisions of the Telegraph Rules are reproduced below: "439. Charges when payableCharges for calls in message rate or measured rate system shall become payable on presentation of a bill therefor. The periods for which bills shall be prepared and the dates by which they shall be payable, shall be fixed by the telegraph authority." "442. Service of Notices and BillsAny notice, bill or demand from the Telegraph Authority for any fee or charges due from a subscriber may be served by delivery to the subscriber, or by sending it by post to the address of the subscriber, or by leaving it at the premises, in or upon which the apparatus is installed." Rule 442 reproduced above lays down the manner of services of notices and bills. These two rules read together would clearly show that only on non -payment of the charges after service of the bills in the manner prescribed and after expiry of the period allowed for payment a subscriber can be said to be in default of payment and it is only then and not before that the department gets a right to disconnect the phone. Thus the service of the bill is condition precedent to the disconnection.;