Kerala

StateCommission

RP/15/2017

IDEA CELLULAR - Complainant(s)

Versus

A S NEELAMBIKA - Opp.Party(s)

V S SUNILKUMAR

31 Mar 2017

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

REVISION PETITION.15/17

 

ORDER DATED:31.03.2017

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                         :  PRESIDENT

SHRI.V.V JOSE                                                           : MEMBER

District Zonal Officer,

Idea Cellular S(ervices),

Sreekariyam P.O, TVPM.

                                                                                    : REVISION PETITIONERS

Manager (Services),

Idea Cellular S(ervices),

Sreekariyam P.O, TVPM.

 

(By Adv: Sri. V.S. Sunil Kumar & T.L. Sreeram)

 

            Vs.

 

A.S. Neelambika, D/o Ayyappan Nair,

Sowparnika, T.C.2/1993/9, Pattom Palace P.O,

TVPM-695 004.                                                        : RESPONDENT

 

 

 

ORDER

 

HON.JUSTICE SHRI.P.Q.BARKATHALI  :  PRESIDENT

 

This is a revision petition filed by the opposite parties in CC.355/14 on the file of Consumer Disputes Redressal Forum, Thiruvananthapuram challenging the order of the Forum dated, December 09, 2016 in I.A.99/15 dismissing the I.A holding that complaint is maintainable.

2.      Complainant filed the complaint alleging deficiency of service on the part of the opposite parties, M/s Idea Cellular Services.  Opposite party filed I.A contending that complaint is not maintainable as under section 7 B of the Telegraph Act, all disputes regarding telecom has to be resolved through arbitration.  Forum found that the dispute between the complainant and opposite parties does not in any way relate to any tariff or bills and that therefore complaint is maintainable as provided under section 14(2) of the TRAI Act 1997.  Opposite parties have now come up in revision challenging the said order of the Forum.

3.      Heard both the counsels.

4.      The only question which arises for consideration is whether the complaint is maintainable?

5.      Section 14 proviso B of Telecom Regulatory Authority of India (Amendment) ordinance 2000 clearly provides that complaint of a customer is maintainable before the Forum.  Further it has been held by the National Commission that dispute between the individual consumer against private telecom company is maintainable before the Forum even if section 7 B of the Indian Telegraph Act provides for arbitration.

In the result we find no merit in this revision petition and the same is hereby dismissed.

 

 

JUSTICE P.Q. BARKATHALI  :  PRESIDENT

 

 

V.V JOSE  : MEMBER

 

VL.