Supreme Court of India

M/S. RAAG RANG AND ANR.versusTHE GENERAL MANAGER, DELHI TELEPHONES AND ORS.

Citation: 1997 INSC 359
Decided: 3 April 1997
Disposal: Disposed off
Bench: K RAMASWAMYD P WADHWA

Holding

The court held that the factual dispute over payment cannot be satisfactorily decided by the court and must be referred to arbitration under Section 11‑A of the Telegraph Act, 1885.

Summary

The appellants, M/s Raag Rang and others, claimed they had paid their telephone dues of Rs. 5,370.35 plus reconnection charges, yet faced a threat of disconnection. The General Manager, Delhi Telephones, issued a letter stating that no record of such payment existed in its bonds. The dispute centered on the factual question of whether the payment had actually been made. The Supreme Court held that this factual dispute could not be satisfactorily decided by the court and must be referred to the alternative arbitration mechanism under Section 11‑A of the Telegraph Act, 1885. The Court directed the appellants to either make the payment or file an application with the competent authority for arbitration, while maintaining the interim stay. The appeal was disposed of without any costs.

Issues considered

Whether the factual dispute regarding payment of telephone dues can be decided by the court or must be referred to arbitration under Section 11‑A of the Telegraph Act, 1885.

Legislation cited

Indian Telegraph Act, 1885s. 11-A

Subjects

telephone payment disputealternative arbitrationTelegraph ActSection 11-Adisconnectioninterim stay

Judgment

                          M/S. RAAG RANG AND ANR.                                   A
                                         v.
             THE GENERAL MANAGER, DELHI TELEPHONES
                           AND ORS.

                                   APRIL 3, 1997
                                                                                    B
                  [K. RAMASWAMY AND D.P: WADHWA, JJ.]

            Telegraph Act, 1885: Section 11-A.

          Telephone--Payme11t due against-Disputed question offact whether
    payment has been made or not-Held cowt cannot satisfactorily decide the         C
    dispute--Altemative arbitration under section 11-A of the Telegraphs Act is
    available for adjudication of the dispute-It is open to the appellants either
    to make payment of the bill or submit an application to the competent
    auth01ity to ·adjudicate the dispute and on such application being made
    appropriate decision would be taken.                                            D
            CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3660 of
    1986.

          From the Judgment and Order dated 14.4.86 of the Delhi High Court
    in C.W.P. No. 750of1986.                                                        E
            Mukul Mudgal for the Appellants.

            Ms. Bharati Anand (NP) for the Respondents.

            The following Order of the Court was delivered :
                                                                                    F
          The appellants claim that they have paid a sum of Rs. 5,370.35
J   together with reconnection charges of Rs. 50, nonetheless, there is a thn;at
    of disconnection to the appellant. In the letter, Annexure-E at page 36 of
    the paper book, it is stated as under :
                                                                                    G
              "Please refer to this letter of even No. dated 8.11.85 regarding
              payment of telephone dues pertaining to telephone No. 386056.

                 You may please recall your visit to Sh. K.K. Trikha Area
              Manager (Central) on 28.8.85 in connection with payment of the
              dues against telephone No. 386056. During the discussion you have H
                                         565
    566                   SUPREME COURT REPORTS                   [1997] 3 S.C.R.

A            intimated that the payment of the said bills were made in the 1st
             week of May, 79. Investigations have been made by GMT office
             and records have been thoroughly checked. Payment of bills in
             question detailed below do not appear in the bonds of GMT office.

                 You are therefore again requested to arrange payment of the
B            following bills and furnish payment particulars within 10 days from
             the date of issue of this letter;"

           In view of this letter, the primary disputed question is of fact, viz.,
    whether or not payment has been made. Under these circumstances, we
C   cannot satisfactorily decide the dispute. Alternative arbitration under Sec-
    tion 11-A of the Telegraphs Act is available for adjudication of the dispute.
    It is open to the appellants either to make payment of the bill or submit
    an application to the competent authority to adjudicate the dispute and on
    such application being mode appropriate decision would be taken. Until
    then, the interim stay granted by this Court would continue. The appellants
D   shall make payment of an application, as the case may be, within 30 days
    from today, subject to such objections that may be raised.

          The appeal is accordingly disposed of. No costs.

    T.N.A.                                                   Appeal disposed of.




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