2009(4) CPR 281 (NC)
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION,
NEW DELHI
Ashok Bhan, President and B.K. Taimni, Member
Bharat Sanchar Nigam Ltd.
and Ors. —Petitioners
versus
Sheikh Hussain Ali —Respondent
Revision Petition No. 817 of 2005
Decided on 20.8.2009
Counsel for the Parties:
For the Petitioner:Mr. Dinesh Agnani, Advocate.
For the Respondent:Mr. G.N. Reddy, Advocate.
Headnote:Consumer Protection Act, 1986—Sections 12 and 17—Excessive telephone billing—Three telephone bills, for Rs. 1,55,012 in month of August 1997 and for Rs. 7,737 in month of Oct. 1997 and for Rs. 2,171 for month of Dec. 1997 were received—Defence plea of petitioner was that telephone had STD and ISD facility and matter was thoroughly investigated—District Forum allowed complaint set aside the bills and directed petitioner to issue fresh bills on basis of average of six months period preceding impugned bills—State Commission upheld the order but modified relief in setting aside the compensation amount—Revision—Prior to impugned bills, respondent was getting bills between Rs. 100 to Rs. 600 per month—Though matter was stated to have been investigated but there was no assuring circumstances in form of call bills—Officer who inquired into the matter was not produced as witness—No reason to interfere. (Paras 7 and 8)
Ashok Bhan, President—Being aggrieved by the Order passed by the District Consumer Disputes Redressal Forum, Kurnool, Andhra Pradesh (herein referred to as ‘the District Forum’ for short), which has been affirmed partly by the State Consumer Disputes Redressal Commission, Hyderabad, Andhra Pradesh (hereinafter referred to as ‘the State Commission’ for short), Bharat Sanchal Nigam Limited (hereinafter referred to as ‘BSNL’ for short) and others, have filed the present revision petition. By the impugned Orders, the Foras below directed the petitioners to reinstall the disconnected telephone of the complainant and quashed the bills dated 1.8.1997, 1.10.1997 and 1.12.1997 for the use of telephone No.72223 got installed by the respondent/complainant from the petitioner.
2. Briefly stated the facts of the case are:
Complainant’s case is that he had a telephone connection for the past several years with subscriber No. 72223. The use of telephone was restricted to that of receiving calls only. Seldom did complainant make the calls. It was alleged that he used to make payment of the bills regularly and promptly. Usually, he used to get the telephone bill between Rs.100 to Rs.600. To his shock, he received a bill for an exorbitant amount of Rs.1,55,012 in the month of August, 1997 which was questioned by him and approaching the petitioners with a request to investigate the matter and reduce the bill to a nominal amount. He received excessive bills dated 1.10.1997 for Rs.7,737 .Similarly, he received excessive bill on 1.12.1997. BSNL did not accede to his request. Without supplying him the result of the investigation, the petitioners disconnected the telephone of the complainant aggrieved against which he filed the complaint seeking reconnection of the telephone as well as revision of the bills on 6-month average basis.
3. Petitioners entered appearance and filed their written statements. It was admitted that the respondent had a telephone connection bearing No.72223 and, usually, he used to receive the bills between Rs.300 to Rs.600. That he had STD and ISD facility .The matter was thoroughly got investigated and, after investigation, it was found that the bills issued were as per meter reading. It was denied that there was any deficiency on their part and, accordingly, it was prayed that the complaint be dismissed being without any merit.
4. District Forum, after a detailed discussion, accepted the complaint and quashed the impugned bills dated 1.8.1997, 1.10.1997 and 1.12.1997 and directed the petitioners to issue fresh bills on the basis of average of six months period immediately preceding the impugned bills dated 1.8.1997, 1.10.1997 and 1.12.1997 and to pay Rs.20,000 and Rs.5,000, respectively towards the financial loss and compensation. Rs.2,000 were awarded by way of costs.
5. Petitioners, being aggrieved by the order passed by the District, filed an appeal before the State Commission which has been dismissed with the modification that the direction issued by the District Forum to pay Rs.20,000 and Rs.5,000 by way of compensation was ordered to be deleted.
6. Counsel for the parties have been heard at length.
7. It is not disputed before us that prior to the issuance of the bill dated 1.8.1997, respondent was getting bills between Rs.100 to Rs.600 per month. Bill dated 1.8.1997 was for a sum of Rs.1,55,012, bill dated 1.10.1997 was for a sum of Rs.7,737 and bill dated 1.12.1997 was for a sum of Rs.2,171. Subsequent to this, the bills ranged from Rs.220 to approximately Rs.600 per month. It would be seen that for three months, respondent received excessive bills. Petitioners in their written statements have no doubt stated that the matter regarding the number of calls made by the respondent was found to be in order but there is no assuring circumstance in the form of call bills or as to whether the calls made were within India or outside the country .Petitioners must be having all this in its record. Counsel for the petiti