2008(1) ALL MR (JOURNAL) 4
CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI(AURANGABAD BENCH)
S.G. DESHMUKH, J.
General Manager, Telecom, Jalgaon Vs. Anil Raghunath Choudhary
First Appeal No.1815 of 1999,IN Consumer Complaint No.169 of 1998
15th June, 2007
Respondent Counsel: Shri BHANUSAHEB S. DESHMUKH
Consumer Protection Act (1986), Ss.2, 12 - Telecom Regulatory Authority of India Act (1997) - Complaint as to excess billing of calls - No fault either in meter or associated equipments - No justification on part of Consumer Forum to grant rebate to complainant consumer. (Para 7)
JUDGMENT
S. G. DESHMUKH, J.:- The present appeal is filed by the Telecom Manager, Jalgaon against the Judgment and Order dated 13.08.1999, passed by the District Consumer Forum, Jalgaon in Complaint No.169/1998.
2. The Respondent/complainant's case before the Forum is that, he is having telephone no.58661. Generally he used to receive bills in between Rs.150 to 300 during the period 1995 to 1997. It is contended that, he received the bills on 01.07.1997 to the tune of Rs.7,445/-, which is excessive. He also received the bill there after dated 01.09.1997 of Rs.1,554/-. The complainant had requested to give average bill and also requested for refund of the amount which he has deposited.
3. The appellant appeared before the Forum and resisted the claim. The appellant contended that, after receipt of the complaint from the Respondent, the complaint was investigated in detail and it was observed that, the S.T.D. was working during disputed period. No fault was found in the meter or other associate equipments and thus there is no justification to grant rebate. The result of the investigation was also intimated to the Respondent.
4. The Form below after hearing both the parties, allowed the complaint and directed the opponent to give a fresh bill which is the highest paid bill by the complainant i.e. Rs.1554/-.
5. Being aggrieved by the order of the Forum, the Telecom Manager came in appeal.
6. The notices were issued to the appellant as well as Respondent. None appeared for the appellant. Learned Counsel Shri. Bhausaheb S. Deshmukh appeared for the Respondent.
7. We perused the record and heard the learned Counsel Shri. Deshmukh at length. On perusal of papers, it reveals that, the Forum has observed in last of the Judgment that, the bills dated 01.07.1997 to 01.09.1997 are huge and excessive and required to be cancelled and fresh bill which is the highest paid bill i.e. Rs.1554/- can be given for the disputed bill and accordingly the Forum has passed the order. The order of the Forum appears to be inconsistent. The Forum has observed that, the bills are excessive, they are to be cancelled, even then the Forum while passing the operative order, directed the opponent to give the bill of Rs.1554/-. It also reveals that, the Forum has not considered the investigation which is alleged to have been carried by the Telecom Department. As the operative part of the order of the Forum is inconsistent with the observations made by the Forum in the earlier para of Judgment, we are inclined to set-aside the order of the Forum and to remand the matter for fresh enquiry before the District Consumer Forum, Jalgaon. We pass the following order:
: ORDER :
1. Appeal is allowed.
2. The impugned order dt.13.08.1999 passed by the District Consumer Forum, Jalgaon in Complaint Case No.169/1998 is hereby quashed and set-aside and the matter is remanded before the Forum for a fresh hearing.
3. Parties to appear before the Forum on 16.08.2007.
4. Pronounced and dictated in open court.
5. Copies of the order be supplied to the parties.