The Consumer Forum cannot adopt the mode of working out average for testing the disputed bill and holding it to be excessive. Disputes regarding excessive billing for telecommunication services should be referred to the Arbitrator under Section 7B of the Indian Telegraph Act for determination.

Mr. Justice K.K. Srivastava, President—This is an appeal filed against the order dated 7.3.2000 passed by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh [for short hereinafter referred to as the District Forum-I] in Complaint Case No. 20/93/M.98. The District Forum-I has directed the appellant/opposite party to issue revised bill of the rounded amount of Rs. 7,000/- for the bill of sudden spurt dated 11.12.1992 for Rs. 36,667/-. A further direction was issued that if any amount had been paid by the complainant with respect to the earlier order during the pendency of this complaint, the same would however stand adjusted. The complainant was further directed to make payment of dues within one month from the receipt of the revised bill. A perusal of the order of the District Forum-I would go to show that the disputed bill dated 11.12.1992 for a sum of Rs. 36,673/- was held to be excessive after working out the average amount of the bill for Telephone No. 535840 [Old Number - 43413] installed at the residence of the Administrative Officer of the respondent - Punjab Mandi Board.

2. The facts giving rise to this appeal may briefly be narrated as under :

The aforesaid telephone No. 535840 [Old Number - 43413] was installed at the residence of the Administrative Officer of the Punjab Mandi Board, Chandigarh. The telephone bills normally received for the use of the said telephone were of the range of Rs. 678/-. The bill for the period from 26.9.1992 to 25.11.1992 was received in respect of the said telephone number for a sum of Rs. 36,673/- and the same was considered by the respondent to be highly excessive and disproportionate to the use of the telephone. The Administrative Officer of the respondent - Punjab Mandi Board moved an application seeking stay of the disconnection of the telephone as the said bill was required to be investigated. The respondent - Punjab Mandi Board was apprehending that the bill for a sum of Rs. 36,673/- for the period of two months commencing from 26.9.1992 to 25.11.1992 might be due to the defect in the metering equipment or faulty lines. Since the grievance of the respondent - Punjab Mandi Board was not redressed by the appellants, the complaint was filed before the District Forum-I, U.T., Chandigarh which came up for decision before the District Forum-I. The District Forum-I issued notice of the complaint case to the opposite party of the complaint case who is the appellant before us i.e., the District Manager [Telephones], Chandigarh. The written statement was filed contenting, inter alia, that the complainant was having S.T.D./I.S.D. facility and its extensive use could not be ruled out as the telephone was installed at the headquarter of the Board which is a State Government Undertaking and the complainant as also his staff are free to use the telephone to any extent. It was also contended that the bill dated December, 1992 for a sum of Rs. 36,673/- was issued on the basis of the use of telephone and there was no defect in the metering equipment or telephone line. On behalf of the respondent/complainant, a replication controverting the averments of the written statement was filed. It was mentioned therein that the telephone in question was installed at the residence of the Administrative Officer and as such the question of its use by other staff members did not arise. Apart from it, it was mentioned that the complainant always kept the telephone under lock and key and retained the keys with him. During the course of the pendency of the complaint case, a letter written by the Assistant Engineer, Phones [Legal Cell] dated 21.4.1994 was placed on record to the effect that the print-out of the bill dated 12 of 1992 pertaining to telephone No. 535840 was not available. This letter was placed in pursuance to the order passed by the District Forum-I which directed the Government Pleader to produce the print-out for the period in question. The Forum passed the order at the instance of