By Smt. Padmini Sudheesh, President:

 

            The case of complainant is as follows: The complainant was a consumer of the respondents and he had a land telephone connection vide No.2283599 for more than ten years. He had enjoyed the facility till 10.8.06 and paid the bills regularly. But a notice was received dt. 21.4.06 demanding to pay Rs.9465/- as arrears. It is also stated in the notice that some houses come under Kannara Exchange were included in Urban category and bills were issued mistakenly under rural category. The said notice is illegal and the telephone connection was disconnected on 10.8.06. The Revenue Recovery notice issued after one year demanding to pay Rs.10,856/- is illegal and liable to be set aside. The complainant had paid the bills regularly and the additional bill issued for the paid amount is illegal and not liable to pay. Hence this complaint. 

 

            2. The counter is as follows: The premises where the telephone is installed forms part of Ollukkara Village which is classified as a Census Town by the Census Department as per 1991 as well as 2001 Census report published by the Census Department, Government of India. Many revenue villages have been classified as Census Town in those Census Reports and Ollukkara Village is one among them. The Rural/Urban classification has been done all over India based on such parameters adopted by the Government. The petitioner happened to be included under rural area concession due to misclassification. To rectify the misclassification the respondents demanded the rent arrears through impugned bill. The identification of an area as rural or urban is done by the Planning Commission and the respondents have nothing to do with the identification. Based on the Census report of 1991, the erst while Telecom Department represented by first respondent issued paper notifications. It is also published in the Telephone Directory of 1995-69 too. Hence dismiss the complaint.

 

            3. The points for consideration are:

 

(1)   Whether the Exts. P1 and P2 bills are liable to be set aside?

(2)   Other reliefs and costs.

 

            4. The evidence consists of Exts. P1 to P3.

 

            5. The complaint is filed against the B.S.N.L. to set aside the Exts. P1 and P2 bills and also to restrain Revenue Recovery proceedings.

 

            6. Points-1 & 2: The case of complainant is that he had a land phone connection vide No. 2283599. He enjoyed it for more than 10 years and paid the charges regularly. But he was accepted Ext. P1 and P2 notice to pay some more amount and it is also stated in the notice that since some houses under Kannara Exchange were included in urban category and bills were issued mistakenly under rural category. The complainant is challenging the validity of these bills.

 

            7. In the counter respondents stated that the premises where the disputed telephone is installed forms part of Ollukkara Village which is classified as a Census Town by the Census Department as per 1991 and 2001 Census report published by the Census Department, Government of India. According to them, many revenue villages have been classified as Census Town and Ollukkara is one among them. They further stated that identification of an area as rural or urban is done by the Planning Commission as per Census report. These respondents have nothing to do with the identification.

 

            8. So according to the respondents they had issued bill as per the classification made and they have nothing to do with the classification made by the Planning Commission of India. They also stated that in order to aware the classification by the public the first respondent issued paper notification and the B.S.N.L. published the matter in the Telephone Directory of 1995-96. 

 

            9. Ext. P1 is the notice issued by respondents demanding to pay Rs.9465/-. In the notice it is stated that bills were wrongly issued as rural category and also stated that if you have any difficulty in paying the arrears in one lump sum, you may contact for instalment payment. From the records and complaint itself it is clear that he did not react upon acceptance of this notice. He still stick upon the view that he comes under rural category. The change he had to realize and had to act as per the change. He acted only after acceptance of Ext. P2 Revenue Recovery notice. There was enough time to realize and clear off the amount after acceptance of Ext. P1 notice. He did not do anything. Along with the counter copy of notification is attached and shows that Ollukkara Village is also included in the classification of Urban. So the complainant is liable to pay the amount stated in the notice. 

 

            10. In the result, complaint stands dismissed.