Kerala

StateCommission

406/2004

The General Manager - Complainant(s)

Versus

C.J.Mathew - Opp.Party(s)

K.R.Haridas

20 Jun 2008

ORDER


.
CDRC, Sisuvihar Lane, Sasthamangalam.P.O, Trivandrum-10
Appeal(A) No. 406/2004

The General Manager
The Accounts Officer
...........Appellant(s)

Vs.

C.J.Mathew
...........Respondent(s)


BEFORE:
1. JUSTICE SHRI.K.R.UDAYABHANU 2. SMT.VALSALA SARNGADHARAN 3. SRI.M.A.ABDULLA SONA

Complainant(s)/Appellant(s):
1. The General Manager 2. The Accounts Officer

OppositeParty/Respondent(s):
1. C.J.Mathew

For the Appellant :
1. K.R.Haridas 2.

For the Respondent :
1.



ORDER

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KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
                    VAZHUTHACADU THIRUVANANTHAPURAM
 
           APPEAL:406/2004
 
                             JUDGMENT DATED.20..6..2008
 
(Appeal filed against the order passed by the CDRF, Pathanamthitta  in OP:46/03)
 
PRESENT
 
JUSTICE SHRI.K.R.UDAYABHANU                   : PRESIDENT
 
SMT.VALSALA SARANGADHARAN                : MEMBER
 
SHRI.M.K. ABDULLA SONA                              : MEMBER
1.The General Manager,
 Telephones, Thiruvalla.
                                                                             : APPELLANTS
2.The Accounts Officer,
Telephones, Thiruvalla.
 
(By Adv:Sri.K.R.Haridas)
 
        V.
C.J.Mathew,
Chittazhathu, Kumbanadu, Thiruvalla.                   : RESPONDENT
 
                                    JUDGMENT
 
JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT
 
The appellants are the opposite parties/BSNL in OP:46/03 in the file of CDRF, Pathanamthitta. The appellants are under orders to withdraw Ext.A2 bill and issue a fresh bill for Rs.2028/- being the amount due for the period from 1..5..2000 to 23..5..2000 and also directed to pay compensation of Rs.1,500/- and cost of Rs.500/-.
2. It is the case of the complainant that he has been issued with Ext.A1 bill for the month of May and June of 2000 and has been served another bill for Rs.2028/- + Rs.70/- as surcharge also for the period of May 2000. The opposite parties have contended that Ext.A2 related to the period for 1..5..2000 to 23..5..2000 and A1 bill for the period 24..5..2000 to 30..6..2000. The above happened on account of the fact that the telephone of the complainant got transferred to another exchange ie, from Kumbanad exchange to Pullad exchange. The bills for Rs.2028/- + surcharge was issued with respect to the period in Kumbanad exchange. The Forum was also convinced of the above fact and hence directed to issue a fresh bill for 1..5..2000 to 23..5..2000 period although the bill has already been issued vide Ext.A2. It is also seen from the order of the Forum that during the pendency of the proceedings the Forum has directed the telephone connection to be restored on deposit of Ext.A2 bill amount. It appears that the complaint was filed only on account of the confusion on the basis of the apprehension that the complainant received 2 bills for the same period. In fact Ext.A1 and A2 bills related to two separate periods ie A2 bill for the period from 1..5..2000 to 23..5..2000 and A1 bill for the period from 24..5..2000 to 30..6..2000. We find that there was no error on the part of the opposite parties.
3. In the circumstances the direction to pay compensation and cost is here with set aside. The appeal is allowed.
 
                    JUSTICE K.R. UDAYABHANU        : PRESIDENT
 
          VALSALA SARANGADHARAN                : MEMBER
 
                    M.K. ABDULLA SONA                    : MEMBER
VL.



......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN
......................SRI.M.A.ABDULLA SONA