NCDRC

NCDRC

CC/260/2010

BOMBAY TELEPHONE USER'S ASSOCIATION - Complainant(s)

Versus

AIRCEL LTD. & ORS. - Opp.Party(s)

MR. JEHANGIR GAI

17 Feb 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 260 OF 2010
 
1. BOMBAY TELEPHONE USER'S ASSOCIATION
Having its R/O at: 16, Panchratna, Prof. Almeida Road,Bandra (West), Mumbai-400050. & Its Executive Office at. Room No5, Petit Muncipal High School, Waterfield Road, Bandra(West),
Mumbai-400050.
...........Complainant(s)
Versus 
1. AIRCEL LTD. & ORS.
Through Its Managing Director, A44, Mohan Co-op. Industrial Estate (MCIE) Mathura Road,
New Delhi-110044
2. ASIANET SATELLITE COMMUNICATIONS LTD.,
Through Its Managing Director, 2nd Floor, Leela Infopark, Technopark Campus,
Trivandrum,
Kerala-695581.
3. BHARTI AIRTEL LTD.,
Through Its Managing Director, Bharti Crescent, 1, Nelson Mandela Road, Vasant Kunj, Phase-II,
New Delhi-110070
4. BHARAT SANCHAR NIGAM LTD.,
Through Its Managing Director, Bharat Sanchar Bhavan, Harish Chandra Mathur Lane, Janpath,
New Delhi-110001
5. HATHWAY CABLE & DATACOM PVT LTD.,
Through Its Managing Director, Trade World, "B" Wing, 10th Floor, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel (West),
Mumbai-400013
6. HIMACHAL FUTURISTIC COMMUNICATIONS LTD. (HFCL),
Through Its Managing Director, 8, Commercial Complex, Masjid Moth, Greater Kailash II,
New Delhi-110048
7. IDEA CELLULAR LTD.,
Through Its Managing Director, 5th Floor, Windsor, CST Road, Kalina, Santacruz (East),
Mumbai-400098
8. LOOP TELECOM LTD.,
Through Its Managing Director, 127, Manmala Tank Road, Taikalwadi Mahim (West)
Mumbai-400016.
9. MAHANAGAR TELEPHONE NIGAM LTD.,
Through Its managing Director, Jeevan Bharti Building, 124, Connaught Circus,
New Delhi-110001.
10. ORTEL COMMUNICATIONS LTD.,
Through Its Managing Director, C-1, Chandrasekharpur, Near BDA Colony, Behind RMRC Compound,
Bhubaneswar-751016
Orissa
11. RELIANCE COMMUNICATIONS LTD.,
Through its Managing Director, Dhirubhai Ambani Knowledge City,
Navi Mumbai-400709.
12. S TEL PRIVATE LTD.,
Through Its managing Director, 1st Floor, Tower-B, Unitech Cyberpark, Sector-39,
Gurgaon,
Haryana
13. SHYAM TELECOM LTD.,
Through Its Managing Director, 246, Phase -IV Udyog Vihar,
Gurgaon,
Haryana-122015
14. SIFY TECHNOLOGIES LTD.,
Through Its Managing Director, II Floor, Tidel Park, no.4, Canal Bank Road, Taramani,
Chennai-600113
15. TATA COMMUNICATIONS LTD.,
Through Its Managing Director, Plot# C-21 & C-36, Block-G, Bandra Kurla Complex, Bandra (East),
Mumbai-400098
16. TATA TELESERVICE LTD.,
Through Its Managing Director, A,E & F Blocks, Voltas Premises, T.B. Kadam Marg, Chinchpokli,
Mumbai-400033.
17. TATA TELESERVICES (MAHARASHTRA) LTD.,
Through Its Managing Director, D-26, TTC Industrial Area, Sanpada, Turbhe.
Navi Mumbai-400703
18. VIDEOCON TELECOMMUNICATIONS LTD.,
Through Its Managing Director, RMZ Millenia Business Park, Campus2, 2nd Floor, No.143, Dr. MGR Road, Kandanchavady Perungidi,
Chennai-600096
19. VODAFONE ESSAR LTD.,
Through Its Managing Director, Peninsula Corporate Park, Ganpatrao Kadam Marg, Lower Parel,
Mumbai-4000013
20. YOU TELECOM, YOU BROADBAND & CABLE INDIA LTD.,
Through Its Managing Director, Plot No.54, Marol Co-Op. Industrial Area, Makwana, Off Andheri Kurla Road, (In The Lane of Shemaroo),
Mumbai-400059
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Complainant :MR. JEHANGIR GAI
For the Opp.Party :NEMO

Dated : 17 Feb 2011
ORDER

PER JUSTICE R.K. BATTA, PRESIDING MEMBER This complaint has been filed by Bombay Users Association against 20 Companies who provide telegraph services. We have heard Shri J.B. Gai, who appeared on behalf o f the petitioner. In nutshell, the complaint has been filed basically on the averments made in para 3 of the complaint, which reads as under: he complainant states after the said judgement of the Honle Supreme Court it has been found that al the service providers attempt to misrepresent and project themselves as telegraph authorities and challenge the maintainability of consumer complaints before the consumer for a. It is respectfully submitted that several State Commissions such as the Delhi State Commission, the Chandigarh State Commission and the Tamil Nadu State Commission have got carried away by the misrepresentation and have held that consumer complaints in respect of telecom services are not maintainable under the Consumer Protection Act. A copy of the judgment of the Tamil Nadu State Commission in this regard is annexed and marked Exhibit Complaint also refers to judgment of the Bombay High Court in case of Bharti Tele-Ventures Ltd. & Anr. Vs. State of Maharashtra & Anr. W.P. No.7824 of 2005 decided on 8.3.2007. The main contention of the petitioner is that the service providers attempt to misrepresent and project themselves as telegraph authorities and challenge the maintainability of consumer complaints before the Consumer Fora and several State Commissions have got carried away by misrepresentation before it and held that consumer complaints are not maintainable in respect of telecome services. The parties are entitled to put up its defence in the matters pending before Consumer Fora and if it is done so it can not be said that there is any misrepresentation as such on their part or the plea taken itself amounts to unfair trade practice. The Consumer Fora has to deal and decide the plea raised in accordance with law which is subject to appeal. In view of this, we do not find that any case has been made out for entertaining this complaint. The complaint does not disclose any lis between the complainant and the OP, which is required to be dealt by this Commission. The complainant may approach Consumer Fora by filing proper impleadment applications, which, of course, will be decided in accordance with law. The complainant may also approach Consumer Fora having jurisdiction with reference to individual cases of unfair trade practice, if any. In view of the above, we are not inclined to entertain this complaint and the complaint is dismissed with no order as to costs.

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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