the basis of this contention by the petitioner is not unreasonable. The respondent, however, does not agree. We may consider some rebate to the petitioner. BSNL in a letter issued on 10th Jan, 2008 has mentioned the methodology for charging the local circuits of 2 Mbps on 2 wire- 4 wire basis. This circular authorizes the concerned Chief General Managers to take decision on waivers of these charges on account of charging of local circuits of 2 Mbps 4 wire on 2 wire basis on case to case basis for the period from 1.4.99 to 30.4.2005. The local lease charges can be taken on the basis of 2 wire circuit in case the 4 wire modem has to be used by the recipient of the leased circuit from BSNL in view of the contingency that 2 wire modem as per the approval of TEC is not available in the market. Giving the benefit of doubt to the petitioner, the respondent is directed to charge the petitioner for local leads on 2 wire basis rather than on 4 wire basis. This is still short of the net liability of Rs. 389429/- as per the final bills raised by BSNL. The respondent is supposed to issue the final bill atleast for the first year as soon as the circuit is commissioned, so that the client is aware of its liability much in advance. In this case because of the delayed issuance of the bill after 15 months from the date of commissioning, the petitioner appears to be in difficulty because it has in turn sold out the facility to its customer based upon the cost paid by him on the basis of provisional bill. Besides charging on the basis of two wire circuit, we also direct that the additional concession of Rs. one lakh may be given to the petitioner in this case because the petitioner has billed its customers only on the basis of provisional demand note of respondent. In future for all such circuits, we direct that the final bill for the first year should be issued to the client by BSNL in a period of one month from the date of commissioning, so as to promote healthy business environment amongst the stakeholders.
