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2006 DIGILAW 563 (UTT)

Om Prakash Sharma v. Bharat Sanchar Nigam Limited

2006-10-04

K.S.GUPTA, P.D.SHENOY

body2006
ORDER Mr. Justice K.S. Gupta, Presiding Member : Petitioner/complainant had telephone connection bearing No. 2505497, the monthly rent whereof was Rs. 180 per month. Petitioner alleged that the responden1/opposite party charged Rs. 546 instead of Rs. 540 towards monthly rental for September, October and November, 2002. Alleging deficiency in service he filed complaint for recovery of excess amount of Rs. 6.30 which was dismissed by the District Forum. Though the District Forum agreed with the petitioner that an amount of Rs. 6.30 had been charged in excess still it has dismissed the complaint, holding that the petitioner would not suffer mental agony by paying this amount and refund of this amount is not judiciable. Dissatisfied with the District Forum's order, the petitioner filed appeal which was dismissed by the State Commission by the order dated 25.8.2005. As may be seen from the order of State Commission the Commission agreed with the District Forum that the said amount of Rs. 6.30 was wrongly charged but it declined to interfere with District Forum's order. 2. Mr. Shukla says that in case the petitioner would have approached the respondent, he would have been allowed adjustment for the excess payment of Rs. 6.30 by the Department. On instructions from Accounts Officer present, Mr. Shukla states that respondent is willing to adjust the said amount and also pay Rs. 1,000 as a gesture of goodwill to the petitioner In view of this concession,' the revision petition is accepted and the orders passed by For a below are set aside. Complaint is disposed of with direction to the respondent to allow adjustment of Rs. 1,006.30 from the future bills of the petitioner. This order will not be treated as precedent in other cases. Revision Petition allowed.