KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL 28/2005 JUDGMENT DATED: 25.5.09 Appeal filed against the order passed by CDRF, Kottayam in Op.130/04 PRESENT JUSTICE SRI.K.R.UDAYABHANU :PRESIDENT The District General Manager, :APPELLANT Bharat Sanchar Nigam Limited, Kottayam. (By Adv.Mathew K.PhiliP) Vs. Joy Mathew, : RESPONDENT Kalayathinal, Edamarku.P.O., Melukavumattom. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU :PRESIDENT The appellant is the opposite party in OP.130/04 in the file of CDRF, Kottayam. The Forum has cancelled Ext.A1 bill dtd.7.7.03 for the sum of Rs.6843/- and directed the appellants to reassess the bill and issue fresh bill and also ordered to pay Rs.750/- as cost to the petitioner. 2. It is the case of the complainant is that he used to make ISD calls to Muscat where his son is employed; and the duration of the call would be around 4 minutes and the bimonthly bill was about Rs.1,300/-. The impugned bill is for an amount of Rs.6843/-. He has submitted complaint and sought for detailed bill. He remitted bill under threat of disconnection. He moved through Consumer Protection Council of Kerala and there it was after the detailed bill was provided in which a particular ISD call is noted is having duration of 11213 seconds ie. 3 hours 6 minutes and 9 seconds. He has sought for cancellation of the bill. 3.According to the appellant the matter was investigated but there was no fault in the metering system. 4. The evidence adduced consisted of proof affidavit of both parties; Exts. A1 to A3 and B1. 5. The Forum relied on the apparent spurt seen in Ext.B1 ie, the detailed bill produced by the appellant. No records of investigation was produced. Hence ISD duration of more than 3 hours can only be on account of a fault in the metering system. It was thus the bill was cancelled and the appellant was directed to reassess and issue fresh bill. It appears to me that it would be appropriate to direct the appellant to deduct the particular call of more than 3 hours from the impugned bill and issue a fresh bill. The excess amount collected is to be adjusted in future bills. It is clarified that the appellant would deduct the particular call from the impugned bill and amount calculated as excess will be adjusted in future bills. The order of the Forum is sustained with the above modifications. In the result appeal is allowed in part. JUSTICE SRI.K.R.UDAYABHANU :PRESIDENT ps
......................JUSTICE SHRI.K.R.UDAYABHANU | | 
