Kerala

StateCommission

403/2006

Asst.Chief Accounts Office (TRV) - Complainant(s)

Versus

Balakrishnan Nair.C - Opp.Party(s)

Mathew.K.Philip

29 Dec 2010

ORDER

First Appeal No. 403/2006

(Arisen out of Order Dated null in Case No. 982/2005 of District Trissur)

1. Asst.Chief Accounts Office (TRV)

O/o.The Principal General Manager,Telecom,Thrissur

BEFORE:
	SMT.VALSALA SARNGADHARAN PRESIDING MEMBER

PRESENT:

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No. 403/2006

JUDGMENT DATED: 29.12.2010

PRESENT:-

SMT. VALSALA SARANGADHARAN : MEMBER

SHRI. S. CHANDRAMOHAN NAIR : MEMBER

APPELLANTS

1. Assistant Chief Accounts Officer(TR-V),

Office of the Principal General Manager,

Telecom, Thrissur.

2. Principal General Manager,

Bharat Sanchar Nigam Limited,

Office of the Principal general Manager,

Telecom, Thrissur - 1

(Rep. by Adv. Sri. Mathews K. Philip, Standing Counsel for BSNL, P.T. Usha Road, Ernakulam, Kochi – 11)

RESPONDENT

Balakrishnan Nair C.,

11/56, Nagath House,

Thaikkattussery P.O.,

Thrissur District.

JUDGMENT

SMT. VALSALA SARANGADHARAN : MEMBER

The above appeal is preferred against the order of CDRF, Thrissur in C.C. 982/2005 which was passed by a common order dated 17.3.2006 in C.C Nos. 970/2005, 982/2005, 1055/05, 1144/05, 1157/05, 1158/05 1169/05, 1173/05, 1175/05, 1182/05, 1184/05 , 1244/05, 1252/05, 25/06,27/06, 28/06, 35/06 and 42/06 . The complaint therein was filed by the respondent herein as complainant against the appellants as opposite parties, whereby the Forum below cancelled the disputed bill issued by the BSNL and directed the BSNL to pay a sum of Rs. 1,000/- as costs to the complainant.

The case of the complainant is that he was served with a notice dated 2.9.2005 calling upon to pay Rs. 5,703/- towards arrears of rent and call charges of his telephone being an urban area for the period from 10.5.2002 to 30.4.2005.

We heard the learned counsel for the appellants. There was no representation for the respondent.

The learned counsel for the appellants submitted that the Forum below had no jurisdiction to entertain the complaint therein by virtue of the judgment passed by the Hon’ble Supreme Court in General Manager, Telecom Vs. Krishnan and another reported in III (2009) CPJ 71 (SC). In the aforesaid reported decision it has been held by the Hon’ble Supreme Court had the provisions of Section 7B of Indian Telegraph Act regarding arbitration procedure prescribed therein is to be invoked with respect to the disputes in respect of the alleged deficiency in service on the part of the BSNL. In the light of the aforementioned decision (supra) rendered by the apex court it is to be held that the Forum below had no jurisdiction to entertain the complainant in C.C. 982/2005 and the complainant therein ought to have invoked the provisions of section 7 B of Indian Telegraph Act. In this circumstances, the impugned order passed by the Forum below is liable to be quashed. Hence we do so.

In the result, the impugned order dated 17.3.2006 in C.C. 982/2005 of CDRF, Thrissur is set aside. The parties are directed to refer the matter for arbitration. The complainant is entitled to get the period spent for this proceedings excluded from the limitation period for initiating appropriate proceedings before the arbitrator as stated above. The appeal is disposed of with the above directions.

VALSALA SARANGADHARAN : MEMBER

S. CHANDRAMOHAN NAIR : MEMBER