Sometimes the dead really trouble. And nothing troubles like a dead telephone. Particularly when it's been disconnected without notice, and for non-payment of a bill, which a subscriber hasn't received in the first place.

If a subscriber hasn't paid a telephone bill till the payable date, the electronic exchange is supposed to remind the subscriber telephonically and allow only incoming calls for 15 days. Non-electronic exchanges are supposed to send a notice through registered post. If the subscriber doesn't pay the bill even then, the telephone department disconnects the telephone 39-42 days after the issuing of the bill.

The telephone department can disconnect all the telephones of a subscriber if he has defaulted on the payment of a bill for any of them. Provided the telephones are all in his own name.

But a subscriber, who is shortchanged on the procedure and has his telephone disconnected, should complain to the nearest telephone office. The telephone department has an elaborate grievance mechanism. Details along with the names and addresses of the grievance officers are given in the telephone directory.

At times, it happens that a subscriber doesn't want to pay a bill because he suspects it is excessive. Instead of stopping payment, he should demand and pay a provisional bill, which is calculated taking into consideration the bills of the last six months, till the investigation is complete. If the general manager finds the complaint genuine, he is authorised to give a maximum rebate of Rs 80,000 per bill for a maximum of three bills in a year to a subscriber.

If a subscriber doesn't get redressal from the department, he can approach the Directorate of Public Grievances. The directorate is supposed to take a maximum of eight weeks to give its recommendations, and it can even ask the telephone department to pay compensation to the subscriber for the actual loss incurred.

Alternatively, a consumer may approach a consumer disputes redressal agency, which can issue orders for reconnection, rebate, refund and compensation for pecuniary as well as non-pecuniary suffering.

Besides, a consumer can approach the court. Especially under the Indian Telegraph Rules, 1951. Rule 439 states that a telephone bill is payable only on presentation. Another provision, Rule 442, makes it clear that it's the duty of the telephone department to deliver the bill to the subscriber by post or at his premises. However, Rule 443 has an ambiguous provision stating that if the bill is not paid in accordance with the rules, the telephone may be disconnected without notice.

Nevertheless, most of the court judgements on whether the notice is to be given or not have gone in favour of subscribers. The reason? Unless a bill is served on a subscriber, he can't be called a defaulter. Some court judgements have even emphasised that a subscriber shouldn't only be served a notice of non-payment, he should also be given a chance to plead his case. And notices are to be sent to the subscriber through registered post at the customer's cost.

In a few cases, some courts have gone to the extent of saying that disconnection without adequate notice amounts to deficiency in service.Though the provisions for redressal may be consumer friendly, yet it's advisable to avoid the trouble in the first place. A subscriber should keep track of his billing cycle. If a bill is missed, he should obtain a duplicate one and pay it before the last date. It's easier and less cumbersome.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.