DISTRICT MANAGER TELEPHONES Vs. S K LAMBA

JUDGEMENT

(1.) On a complaint instituted by Shri S. K. Lamba, the District Forum-II, UT, Chandigarh held on 7.10.1998 that he is entitled to a compensation of Rs.5,000/-. Aggrieved against it, the present appeal has been attempted.

(2.) Briefly the facts are that Shri S. K. Lamba is the subscriber of telephone No.40461 at his residence at Chandigarh. The grievance of the subscriber was that his previous telephone bills were for Rs.271/-, Rs.200/-, Rs.375/-, Rs.330/- etc. and the bill for August, 1989, in the sum of Rs.2679/- was excessive and unjustified. He made complaints to the department. It appears that tentatively a sum of Rs.1380/-, was held payable by the subscriber and as many as 900 calls were kept under dispute. The complainant in his affidavit dated 4.9.1994 alleged misuse by members of staff of the telephone department. There was no factor or reason for higher telephone bill. After taking into consideration the ratio of earlier bills for a long period and inability of the department to produce the record of investigation, the District Forum held that the tentative sum of Rs.1380/- demanded shall be deemed as the appropriate sum for the disputed period. As regards the bill for Rs.1073/- though challenged was also held as fair in the circumstances of the case by the Forum.

(3.) Another important grievance of the subscriber was that his telephone was disconnected from 11.2.1993 to 15.2.1993 during the pendency of the complaint. On behalf of the appellant it has been urged that the department has inherent power to disconnect a defaulter. The issue of disconnection is to be considered according to the facts and circumstances of each case. The case now in hand was not of a defaulter. Here complaint of Shri S. K. Lamba, a practising Advocate, was pending and the appellant could not justify this uncalled for disconnection of the residential premises of the subscriber. The compensation awarded does not call for reduction or interference. Announced.