FURQANIA ACADEMY TRUST, BANGALORE v. GENERAL MANAGER, TELEPHONES (E)BANGALORETELECOM DISTRICT, BANGALORE
1997-02-06
G.C.BHARUKA
body1997
DigiLaw.ai
G. C. BHARUKA, J. ( 1 ) HEARD Mr. A. s. kulkarni, learned counsel for the petitioner and Mr. Ashok harnahalli, learned senior central government standing counsel for the respondents. ( 2 ) THE petitioner is a subscriber of telephones bearing no. 562384. According to the petitioner, the bills served upon it dated 6-9-1996 (annexure 0' ) and dated 6-9-1996 (annexure 'p') should be quashed because those are much in excess of the telephone services availed by it and the same have been issued due to the fault committed on the part of the respondent authority. ( 3 ) IN order to facilitate an early, effective and efficacious remedy of resolving the disputes of the nature involved herein, today an affidavit has been filed by Sri k. s. murthy, divisional engineer, legal cell, Bangalore telecom district who has been authorised by the general manager, Bangalore telecom district. He has proposed the following scheme for resolving the disputes of the present nature:"the writ petition relating to excess billing came up before the court on 30-1-1997. Having regard to the contentions raised in the writ petition and the suggestions of this Hon'ble court, the department is agreeable to adopt the following measures in matters relating to excess billing cases. It is made clear that these measures does not apply to std, pco phones wherein the subscriber is the licensee of the department itself. (I) the department is willing to refer all excess billing complaints which are brought before this Hon'ble court to the telephone adalat which will be held every three months. The telephone adalat is now being held in the month of March 1997. (II) the department would issue a bill on the basis of the average from the past six bills and this bill has to be settled immediately. (III) in respect of the balance amount, the department is willing to refer the matter to the telephone adalat and until the telephone adalat takes decision, this balance amount will not be recovered by the department. (IV) if a subscriber is not satisfied with the decision of the telephone adalat, a demand can be made for referring the matter to arbitration under Section 7-b of the Indian telegraphs Act, 1885. The department would take suitable action on the same expeditiously". ( 4 ) THE learned counsel for the petitioner agrees with the effectiveness and reasonableness of the said scheme.
The department would take suitable action on the same expeditiously". ( 4 ) THE learned counsel for the petitioner agrees with the effectiveness and reasonableness of the said scheme. ( 5 ) ACCORDINGLY, the writ petition is being disposed of with a direction to the respondent authorities to abide by the scheme framed by them for resolving the disputes of excess billings raised against the telephone subscribers. ( 6 ) IN so far as the petitioner's prayer for shifting his telephone is concerned, it is directed that if the petitioner makes payment on six months' average basis as stated above, his telephone will be immediately shifted in accordance with law. ( 7 ) SUBJECT to the aforesaid observations and directions, the writ petition is finally disposed of. No costs. --- *** --- .