DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 8th day of September 2015
Present : : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of Filing : 17/12/2014
(C.C.No.198/2014)
Albin.P.T.
S/o.V.T.Thambi,
A-11, Unit-3, Staff Quarters,
AF&H, Kozhippara Post,
Palakkad. - Complainant
(By Adv.S.Vinod)
V/s
1.Authorized Personnel
Idea Cellular Ltd.
Regional Office,
Mercy Estate, 2nd Floor
M.G.Road, Ravipuram,
Cochin, Ernakulam.
(By Adv.Jayachandran.G)
2. Authorized Personnel,
Apple Communications,
(Idea Customer Care Centre),
Sulthanpetta ,Palakkad - Opposite parties
(By Adv.Jayachandran.G)
O R D E R
By Smt. Shiny.P.R. President.
Complaint filed alleging deficiency in service on the part of opposite party on account of transfer of 1GB Internet plan to 2GB internet plan without his consent. Hence prayed for getting compensation from the opposite parties.
Opposite parties filed Interim application to hear the preliminary issue regarding maintainability of the compliant before the Forum. According to opposite parties as per the dictum laid down in General Manager Telecom V/s. M.Krishnan & another complaint is not maintainable before the Forum.
Heard both parties. As per the dictum laid down in General Manager Telecom V/s.M.Krishnan & another SCC 481 2009(8), by virtue of 7B of Telegraph Act all disputes between telegraph authorities and consumer should be dealt with by arbitration. In the light of the above decision, we find that the complaint will not come under the purview of Consumer Protection Act. Hence the complaint dismissed without going into the merits of the case.
Pronounced in the open court on this the 8th day of September 2015.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
