DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 20th day of April 2013
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing: 11/02/2013
(C.C.No.35/2013)
Parukutty Amma,
W/o.Late Kesavan Nair,
Kottirikkal Pandarathil
Chazhiyatteri (PO),
Peringode, Palakkad - Complainant
(By Adv.K.Sureshkumar)
V/s
1.Authorised signatory,
Vodafone Essar Cellular Ltd.
4th Floor, Angels, Arcade,
South Kalamassery, Cochin University,
Cochin – 682 022
(By Adv.P.Muraleedharan)
2.Ranjith.M.B.
Business Development Manager,
Volga Tele Links Direct Sales Associate
Chandra Arcade, Main Road,
Ottapalam, Palakkad - Opposite party
O R D E R
By Smt.SEENA.H, PRESIDENT
Complaint in brief:
Complainant in this case approached the 2nd opposite party for getting mobile connection of the 1st opposite party company. After paying the necessary amount for connection, the opposite party failed to give the connection. The act opposite parties caused much hardship and mental agony to the complainant. Hence, prayed for refund of the of amount and compensation for mental agony from the opposite parties.
Opposite parties filed version raising the preliminary issue of the maintainability of the above complaint 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 preliminary issue found in favour of the opposite parties.
In the result, complaint dismissed.
Pronounced in the open court on this the 20th day of April 2013.
Sd/-
Seena H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi.A.K.
Member
