IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 22804 of 2006(M) ---------------------------------------- PETITIONER(S): ---------------------- SMT.RAJANI GANGADHARAN, AGED 46 YEARS, W/O. GANGADHARAN, PAZHUVA THUNDIL HOUSE, ELANGAMANGALAM, ENATHU, PATHANAMTHITTA. BY ADV. SRI.M.P.KRISHNAN NAIR RESPONDENT(S): ------------------------ 1. CHIEF ACCOUNTS OFFIER, (TR) OFFICE OF THE GENERAL MANAGER, TELECOM DISTRICT, BHARAT SANCHAR NIGAM LTD., KOLLAM-691 001. 2. THE GENERAL MANAGER, TELECOM DISTRICT, KOLLAM. 3. CHIEF GENERAL MANAGER, TELECOM THIRUVANANTHAPURAM. R1 TO R3 BY ADV. SRI.C.S.RAMANATHAN, SC, BSNL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 22804/2006 APPENDIX PETITIONER'S EXHIBITS P1 COPY OF THE LETTER NO. TRII/153/260/2000-01/7 DATED 05.07.2002 ISSUED BY 1ST RESPONDENT P1(a) COPY OF THE BILL DATED 11.04.2000 P1(b) COPY OF the BILL DATED 11.06.2000 P1(c) COPY OF THE BILL DATED 11.08.2000 P2 COPY OF THE JUDGMENT DATED 23.07.2002 INO.P. NO. 20590/2002 PASSED BY THE HON'BLE HIGH COURT P3 COPY OF THE REPRESENTATION DATED 27.09.2002 SUBMITTED BY THE PETITIONER P4 COPY OF THE LETTER NO. TR-III/153/260/2000-10 DATED 13.11.2002 P4(a) COPY OF THE BILL DATED 11.04.2000 P4(b) COPY OF THE BILL DATED 11.06.2000 P4(c) COPY OF the BILL DATED 11.08.2000 P5 COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT P6 COPY OF THE REPLY AFFIDAVIT FILED BY THE PETITIONER P7 COPY OF THE JUDGMENT DATED 03.03.2006 IN OP NO. 35889/02 OF THIS HON'BLE COURT P8 COPY OF THE LETTER DATED 02.06.06 SENT BY THE COUNSEL FOR THE PETITIONER TO THE RESPONDENT P9 COPY OF THE LETTER NO. TRA/OP-35889/2002/28 DATED 17.07.2006 RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A. TO JUDGE SD S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.22804 of 2006 ---------------------------------------------- Dated this the 25th day of November, 2011 JUDGMENT The petitioner is the subscriber of a telephone from the then Telecommunication Department, which subsequently became the BSNL. In the year 2000, the petitioner was allegedly issued with three bills, which, according to the petitioner, do not represent the actual use of the telephone by the petitioner. The petitioner approached this Court by filing O.P.No.20590/2002, in which this Court observed that it would be free for the petitioner to seek arbitration under Section 7B of the Indian Telegraph Act, if he has still any subsisting complaints in respect of the bill amounts. According to the petitioner, the petitioner is raised disputes in respect of the same. The respondents considered the matter and gave the petitioner certain rebates in respect of the bills. In respect of the bill dated 11.4.2000 a rebate of Rs.3,630/- was granted. Adjusting the amount of Rs.2,096/- already paid, amount payable by the petitioner was reduced to the balance of W.P.(C)No.22804/06 2 Rs.6,088/- out of the bill amount of Rs.11,814/-. Similarly in respect of bill dated 11.6.2000, out of the total bill amount of Rs.42,786/-, the petitioner was given a rebate of Rs.34,600/-. In respect of bill dated, 11.8.2000, out of the total bill amount of Rs.9,150/-, the petitioner was given rebate of Rs.958/-. The petitioner again contested the matter in O.P.No.35889/2002. By Ext.P7 judgment, this Court directed the 2nd respondent to look into the matter with notice to the petitioner and take appropriate action in the light of the earlier judgment, Ext.P2. Thereafter, Ext.P9 order was passed confirming the above judgment. That is under challenge in this writ petition. 2. The petitioner's contention is that despite this Court directing arbitration under Section 7B with notice to the petitioner, no arbitration was conducted. Both parties now agree that they are prepared for arbitration under Section 7B. Accordingly, the respondents are directed to take appropriate W.P.(C)No.22804/06 3 steps to see that the matter is referred for arbitration under Section 7B and to have the arbitration completed, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.22804/06 4 W.P.(C)No.22804/06 5