No. 5/14.01.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Ms. Juthi Banerjee, the Ld. Advocate and Respondent through Mr. R. K. Choumal, the Ld. Advocate are present.

This appeal was filed against order dated 28.08.2008 by D.C.D.R.F., Burdwan in D.F. Case No. 101/2007 whereby following direction was passed:

“that the case be disposed of on contest.  The O.P.s are directed to issue fresh bills in favour of the complainant for the disputed period which shall be based on average bills of six preceding months starting from 01.01.2007.  The amount of Rs.24,104/- already paid by the complainant shall be adjusted against the fresh bills.  Outgoing call facility of complainant’s telephone shall be restored forthwith”.

The case of the Complainant is that the Complainant is the consumer in respect of telephone No. 2625659 since October, 2006.  The telephone bill of the Complainant never exceeded Rs. 9,000/- except for the period 01.01.2007 to 31.01.2007, 01.02.2007 to 28.02.2007 and 01.03.2007 to 31.03.2007 for which excessive arbitrary bills were sent by the O.P.  The Complainant first made verbal representation before the O.Ps whereupon the O.P. assured the Complainant that they would look into the matter and conduct enquiry and as per their advice the Complainant paid bill dated 05.02.2007 under protest.  Upon receipt of the other unreasonable bills the Complainant made representation requesting O.Ps to make investigation as to who are usisng the connection but the O.Ps paid no heed.  Though the excessive bills were not paid thereafter, the Complainant paid subsequent two bills dated 05.05.2007 and 05.06.2007.  O.Ps barred outgoing calls of the said telephone from 26.06.2007 due to non-payment of disputed bills.  Alleging disconnection of the telephone line by the O.Ps without holding any investigation, the complaint was filed praying for restoration of the outgoing call facilities, to withdraw claim in the telephone bills dated 05.03.2007 and 05.04.2007 and for proper investigation.

At the time of hearing as it appeared that the question involved relates to disputed bills, we have taken into consideration the provision of Section 7B of the Indian Telegraph Act which reads as follows :

“ Arbitration of disputes. – (1) Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or apparatus is, or has been provided, the dispute shall be determined by arbitration and shall, for the purposes of such determination, be referred to an arbitrator appointed by the Central Government either specially for the determination of that dispute or generally for the determination of disputes under this section.

(2) The award of the arbitrator appointed under sub-section (1) shall be conclusive between the parties to the dispute and shall not be questioned in any court.”

In view of the said provision of law and facts involved in the present complaint the telephone authorities are directed to make a reference of this case to the Arbitrator in compliance of the provision of Section 7B of the Indian Telegraph Act within 30 days from the date of receipt of copy of this order and the Ld. Arbitrator so appointed will hear and dispose of the matter within three months from the date when the matter is referred to him in accordance with law.  The appeal, thus, allowed on contest without cost.  The impugned order is hereby set aside.