ARATI DAS Vs. BRANCH MANAGER W B CO-OPERATIVE BANK LTD

JUDGEMENT

(1.) This appeal is directed against the order dated 10.1.1992 passed by the District Forum, Bathinda, in Complaint Case No.152 of 1991 on its file. It arises in this way: -

(2.) The District Forum has fixed the number of calls for the purpose of bill of February 1991 for Rs.9,254/- in respect of Telephone No.3187 of the complainant-respondent on the basis of the average number of calls made during the previous periods, and has directed the Telephone Department to issue a revised bill on that basis for Rs.4,500/-. In the Divisional Manager (Telephones), Lucknow V/s. Madhu Enterprises, Lucknow,1991 2 CPJ 579, the National Commission has held that under the Consumer Protection Act, 1986 , the Consumer Disputes Redressal Forum has no power to fix the maximum number of calls which the Forum considered reasonable for the purpose of billing period. It has also been held by the National Commission that unless there is an evidence, direct or circumstantial, to show that the metering equipment was defective or that the telephone has been misused by the departmental staff, the District Forum cannot fix the number of calls on the basis of average calls made during the previous periods. In this view of the matter, the order passed by the District Forum cannot be sustained.

(3.) In this case the complainant-respondent has not adduced any evidence to show that there was any defect in the metering equipment or there has been misuse of that particular telephone by the employees of the Telephone Department. Under the circumstances, we think it proper to remand the matter to the District Forum, to give an opportunity to the complainant-respondent to prove that the metering equipment was faulty or that the telephone was misused by the departmental officials.