IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 35934 of 2009(J) -------------------------- PETITIONER: --------------- JAYA SINGH.M., GIRIJA ELECTRICALS, MAIDANAM, VARKALA P.O., THIRUVANANTHAPURAM DISTRICT. BY MR.R.ANILKUMAR, ADVOCATE RESPONDENTS: ------------------ 1. BHARAT SANCHAR NIGAM LTD., OFFICE OF PRINCIPAL GENERAL MANAGER, TELECOM DISTRICT, LIC BUILDING, PATTAM, THIRUVANANTHAPURAM, REP. BY CHIEF ACCOUNTS OFFICER. 2. UNION OF INDIA,REP. BY SECRETARY, MINISTRY OF COMMUNICATIONS, NEW DELHI. BY MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R2 MR.V.R.KESAVAKAIMAL, SC, BSNL FOR R1 MR.MATHEW K.PHILIP, SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.35934 OF 2009 --------------------------------------- Dated this the 15th day of January, 2010. J U D G M E N T The petitioner is the subscriber of Telephone No.260902 of Varkala exchange. He had availed Internet connection in the above telephone in March 2008. The dispute herein is about the various bills issued by the respondents. It appears that the petitioner had attended an Adalath conducted on 16.11.2009. The complaint raised by the petitioner is that even though an amount of Rs.5,865/- was remitted, the connection was not restored by the department. The petitioner has filed this writ petition seeking for a direction to refer the dispute for arbitration under Section 7B of the Indian Telegraphs Act. 2. As directed by this Court, the 1st respondent has filed a statement. It is averred that the first bill after provision of broad band issued on 07.04.2008 was for an amount of Rs.6,857/- and the same was paid by the petitioner. The next bill is dated 07.05.2008 for an amount of Rs.23,458/- including surcharge. W.P.(C) No.35934/2009 2 The petitioner requested for instalment facility which was granted and he paid the first instalment of Rs.5,865/- on 28.05.2008. The instalment facility was extended to him on condition that his phone will be normalized when he clears the entire dues. 3. It is also averred that the petitioner committed further defaults after 07.05.2008 and this resulted in accumulation of the bill amount to Rs.10,071/-. As the petitioner's broad band usage is very high, he preferred to change the broad band plan from 250 to business plan 1200 which was effected on 08.05.2008. It is also submitted that the adalath conducted was a revenue recovery adalath and not a telecom adalath. In these circumstances, the respondents dispute the plea of the petitioner for arbitration under Section 7B of the Telegraphs Act. 4. Learned counsel for the petitioner submitted that the petitioner may be granted sufficient time to clear off the entire arrears. If the petitioner repays the amount in five equal monthly instalments, further recovery will be stopped. The first instalment will have to be paid on or before 15.02.2010 and the W.P.(C) No.35934/2009 3 succeeding instalments will be paid on or before 15th of every month. On clearing the entire arrears, the reconnection will be made by the department. If further defaults are committed, the respondents will be free to recover the amount as enjoined by law. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp