1. TELECOM Department has filed this appeal against the order dated 10.2.1999 passed in Case No. 13/Forum/97 by the District Consumer Disputes Redressal Forum, Sidhi (for short the ''District Forum'') whereby the complaint for deficiency in service in not restoring the telephone connection inspite of deposit of outstanding amount of Rs. 1,925/- was allowed and an order was made to restore the telephone connection within a period of one month failing which to pay Rs. 10/- per day as compensation till restoration and also to pay Rs. 3,000/- as compensation for mental pain and inconvenience and Rs. 200/- as costs of the proceedings.
2. THE respondent is a subscriber of telephone number 50158 did not make the payment of outstanding bills which accumulated to Rs. 3,889/- hence, his telephone connection was disconnected on 12.12.1993 in exercise of power of Rule 443 of the Indian Telegraph Rules, 1951. THE respondent deposited the amount of Rs. 3,889/- on 13.12.1995 i.e. after two years and two days. THE respondent filed a complaint and alleged that inspite of written assurance, on deposit of the amount, the telephone connection was not restored, therefore, respondent filed the complaint which was resisted. It was submitted that after expiry of period of six months from the date of disconnection, power vested in the higher Authorities, after six months telephone connection is treated as permanently disconnected. However, in exceptional cases, power vests in Heads of Circles/Districts in their discretion to restore telephone connection closed for non-payment of dues if satisfied on specific and unavoidable reasons after expiry of period of six months but within two years of the date of disconnection.
The District Forum after appreciation of evidence adduced by the parties held that without notice for payment of outstanding amount, telephone connection was disconnected on 12.12.1993. The respondent was given a bill in December, 1995 according to which telephone connection was disconnected on 2.2.1994 for non-payment of the amount of outstanding bills. Telecom Department has not explained that why on deposit of the amount of Rs. 3,889/- for a period of 23 months, permission was not obtained to restore the telephone connection from the Head of Circles/Districts, therefore, District Forum having found deficiency in service passed the order.
After hearing learned Counsel for the Telecom Department and considering the written submission of the respondent we are of the opinion that when the complainant himself has come with the case that the telephone connection was disconnected on 12.12.1993 and that is the case of the Telecom Department also, the question of disconnection of telephone on 2.2.1994 does not arise. In fact, the telephone connection was disconnected on 12.12.1993 for non-payment of bill of Rs. 1,925/- and thereafter the bills were also sent of rent of which the amount accumulated to Rs. 3,889/- which was deposited on 13.12.1995. In the circumstances, the period of disconnection was beyond the period of six months, hence, without the order of the Head of Circles/Districts the telephone could not have been restored, in view of para 169 of Posts and Telegraph Manual Volume - XIV Ist Edition 1985, which we quote : Restoration of Telephones 169.
(i) If the telephone dues are not paid by the subscriber on or before the due date, his telephone is disconnected and it will normally be restored on the payment of full amount of the dues with the reconnection fee as prescribed in para 66 in P&T Manual Volume XII. The subscriber is also liable to pay the rent for the period the telephone remained disconnected. If the dues referred to above are not paid within six months from the date of disconnection, the connection should be treated as permanently closed and will not be restored. Thereafter the request of the party for restoration should be treated as a request for a new telephone connection. These instructions will apply both to Flat and Measured Rate Systems of charging the rentals.
(ii) The reconnection fee is chargeable in all cases of restoration when a telephone is rightly disconnected and is actually disconnected. (iii) (1) In case the closing Advice Note has already been issued the reconnection will be allowed only after the recovery of outstanding dues, reconnection fee and the rent for intervening period. (2) For cases where closing Advice Note has not been issued the following procedure will be observed. (a) If the subscriber asks for duplicate copies of the bills or a Demand Note, the reconnection fee should invariably be included in the bill or Demand Note along with the outstanding dues.
(b) If the party is found to have paid the outstanding dues after the date of disconnection and the restoration is held up only for want of recovery of the reconnection fee, the line may be restored and reconnection fee as due included in the subsequent bill if the subscriber so desires and gives in writing to that effect. In case of the local Exchanges, the Accounts Officer-in-charge of the TRA Branch will issue the orders for reconnection of telephone after getting the said letter from the subscriber. While passing the orders for reconnection, without pre-payment of reconnection fee, the Accounts Officer shall ensure that necessary plus adjustment entry has been made in the Subscriber''s Record Card and Rent Control Register for recovery of the fee in the subsequent bill.
(c) In case of outside Exchange where reconnection is ordered by Exchange Officer without pre-payment of reconnection fee after obtaining in writing from the subscriber that the same be included in the subsequent bill an intimation will be sent by the Exchange Officer to the TRA Branch for recovery of fee through a subsequent bill. The amount of reconnection fee due to be recovered will be indicated in the intimation which will be sent in duplicate. On receipt in the TRA Branch, plus adjustments will be noted in the Subscriber Record Card and Rent Control Register for recovery of the dues and one copy of the intimation returned to the concerned Exchange Officer after noting therein the fact of adjustment entry having been made in the Subscriber''s Record Card and Rent Control Register. The Exchange will watch for the receipt back of the copy of the intimation and on receipt of the same it will be pasted on the back of the copy.
Exception :(i) While in the normal course, the above procedure will be followed, the Heads of Circles/Districts may exercise discretion to restore telephone connections closed for non-payment of dues even if the outstanding dues are paid and reconnection applied for after six months but within two years of the date of disconnection if they are satisfied that the aforesaid dues could not be earlier due to specific unavoidable reasons. (This discretion will be exercised by the Heads of the Circles/Districts personally).
(ii) The Heads of Circles will also have the discretion to waive rental charges for the period of disconnection in excess of three months from the date of payment of all outstanding bills and the usual dues till the telephone is reconnected, if delay in reconnection is due to departmental reasons.
3. IN Swamy''s Treatise on Telephone Rules at page 61 Reconnection has been reproduced thus : Reconnection A telephone disconnected due to default of rent and other call charges will be reconnected on payment of all the outstanding dues together with the prescribed reconnection fee. IN such cases reconnection will be allowed by different authorities as follows : (a) Up to six months from the date of disconnection.... District Engineer. (b) Above six months .... Heads of Telecom Circles/Telephone Districts. Waival of Rental Charges The rental charges for the period of disconnection in excess of three months from the date of payment of all outstanding bills and the usual dues, till the telephone is reconnected, can be waived at the discretion of the Heads of Circles if the delay in reconnection is due to Departmental reasons. Rent is recoverable for the day of opening but not for the day of closing of a telephone connection, irrespective of the time of opening or closing.
From the above, it is evident that it was a case of disconnection of telephone which remained disconnected beyond a period of two years. It was a case of permanent disconnection, therefore, the respondent was bound to apply for reconnection of telephone on deposit of the amount of outstanding bills and on completion of all formalities. In the circumstances, the order of the District Forum cannot be sustained. However, as the respondent has deposited the amount, it would be just and proper to direct the appellant to apply for new connection and on that Telecom Department shall provide a new connection on deposit of necessary charges and on completion of all formalities.
4. IN the result, the appeal is allowed, the order of the District Forum is setaside and the complaint is dismissed with no order as to costs. A copy of this order be conveyed to the parties and a copy be sent to the District Forum along with the record of the case. Appeal allowed.
