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P.K.SHAMSUDDIN, K.BALAKRISHNAN, K.MADHURI LATHA
OFFICER IN CHARGE, TELEPHONE EXCHANGE TIRUR – Appellant
Versus
T. V. UMMERKOYA – Respondent


Counsel for the Parties :
For the Appellants :M/s. P.A. Ahamed & Shaji Chellappan, Advocates.
For the Respondent:M/s. A.J. Mohammed Sha & Mohammed Firoz, Advocates.

ORDER

Mr. Justice P.K. Shamsuddin, President— This appeal is directed against the order passed by the District Forum, Malappuram in O.P. No. 89/94. Opposite parties are the appellants.

2. Briefly stated that allegations in the complaint are as follows:

The complainant is a subscriber of telephone No. 440 of Telephone Exchange, Tirur. A bill dated 11.10.93 was issued to the complainant showing Rs. 904/as the amount payable for the relevant period. According to the bill, the complainant ought to have paid the amount on 16.10.92. However the amount was paid only on 23.11.1993. On 30.12.93 the telephone was disconnected on the ground that payment was not made. The complainant alleged that this would amount to deficiency in service.

3. The opposite party filed a version stating that the bill was not paid on the due date and therefore the telephone was disconnected on 30.12.93 as the payment particulars did not reach the concerned opposite party. According to the opposite party, reminder was given to the complainant before disconnection. In the circumstances the opposite party contended that the complaint is liable to be dismissed.

4. The District Forum took the view that though the amount of



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