IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 33372 of 2007(W) -------------------------- PETITIONER: ------------ ANJANA THOMAS,AGED 33,D/O.THOMAS P. CHACKO,XI/74,KOLLENKERIL HOUSE,AYMANAM P.O, KOTTAYAM. BY ADV. SRI.JAMES KURIAN RESPONDENTS: ------------- 1. BHARATH SANCHAR NIGAM LTD,REPRESENTED BY ITS GENERAL MANAGER,KOTTAYAM,TELECOM DISTRICT, PULICKENS COMPLEX,NAGAMPADOM,KOTTAYAM. 2. THE ACCOUNTS OFFICER,OFFICE OF THE GENERAL MANAGER,KOTTAYAM TELECOM DISTRICT, PULICKENS COMPLEX,NAGAMPADOM,KOTTAYAM. 3. THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM,REPRESENTED BY ITS PRESIDENT,THE CONSUMER DISPUTES REDRESSAL FORUM,KOTTAYAM. BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 33372 OF 2007 W = = = = = = = = = = = = = = = = Dated this the 13th February, 2008 J U D G M E N T The challenge in this writ petition is against Exts. P3 and P6, the bills issued by the respondents in respect of the telephone of which the petitioner is the subscriber. It is stated that the previous bills wherein the region of 1000/- and Exts. P3 and P6 bills are exorbitant and unrelated to its actual use. On the other hand, a counter affidavit has been filed by the respondents justifying the bills and they submit that it reflects the actual use and that there is nothing erroneous in the billing. 2. In my view, this is not a controversy which should be resolved in proceedings under Article 226 of the Constitution, but the parties have to be relegated to pursue the statutory remedy of arbitration provided for under Section 7(b) of the Telegraphs Act. 3. Accordingly, I dispose of this writ petition directing the 1st respondent to appoint an arbitrator in terms of Section 7(b) of the Act to resolve the dispute raised by the petitioner concerning Exts. W.P.(C) No. 33372 OF 2007 -2- P3 and P6 bills. It is also directed that until the arbitrator decides the dispute, further proceedings for recovery of the amount due in terms of Exts. P3 and P6 will be deferred on condition that the petitioner remits 1/4th of the amount that is due. It is directed that once payment is made as above, the telephone connection of which the incoming call facility alone is provided now, shall be restored fully. ANTONY DOMINIC JUDGE jan/-