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1994 DIGILAW 158 (GAU)

Bhawarlal Jain v. Union of India

1994-08-10

J.SANGMA, V.DUTTA GYANI

body1994
V. Dutta Gyani, J- This petition under Article 226 of the Constitution by a telephone subscriber ventilates grievance of excessive billing in the instant case filed as Annexure I to the petition. It is the petitioner's case that he had every reason to believe that his telephone was used by some one else from outside illegally and unauthorisedly. He had STD locking facility which was not properly working and about which a complaint was also made to the SDO, Telephones. These complaints are filed as Annexures II and III to the petition. As a result of non payment of bills the telephone No. 544031 was disconnected sometime in the month of November/December, 1993. By an interim order passed by this Court the same has now been restored subject to the fulfilment of condition as contained in the order dated 8.4.94. 2. Since the nature of the dispute raised is relating to the user of telephone and its bills, which has been denounced as excessive the same can not be resolved by mere affidavits and counter affidavits. It requires adducing of evidence. The law provides for arbitration in such matters. Consumer Forum is yet another remedial measure available to the petitioner. It is open to him to avail of the same, if so advised. 3. The interim order as passed shall remain operative for a period of three months from today. In the meanwhile the petitioner to avail of the remedies indicated above. The dispute be referred to the arbitrator under section 7B of the Indian Telegraphs Act, 1885 who shall dispose of the same expeditiously within a period of three months. The interim order as passed on 8.4.94 shall remain operative till the said period subject to condition that the petitioner shall continue to deposit the current bills. 4. With this direction the petition stands finally disposed. No order as to costs.