NCDRC

NCDRC

RP/169/2011

M. SANKARANARAYANA BHAT - Complainant(s)

Versus

BHARAT SANCHAR NIGAM LTD. & ORS. - Opp.Party(s)

MR. V.N. RAGHUPATHY

07 Mar 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 169 OF 2011
 
(Against the Order dated 13/07/2010 in Appeal No. 339/2010 of the State Commission Kerala)
1. M. SANKARANARAYANA BHAT
S/o. Ganpathy Bhat, Megasale in Koliyoor Village, Kasargod, Kasargod Taluk
Kasargod
...........Petitioner(s)
Versus 
1. BHARAT SANCHAR NIGAM LTD. & ORS.
Rep. by its General Manager, Kannur
Kannur
2. SUB DIVISIONAL OFFICE
Telecom Department, BSNL, Manjeswar P. O.
Kasaragod
3. ACCOUNTS OFFICER, (TR), BSNL
Railway Station Road
Kasaragod - 671 121
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :MR. V.N. RAGHUPATHY
For the Respondent :NEMO

Dated : 07 Mar 2011
ORDER

Delay of 77 days in filing the revision petition is condoned.

          Case pertains to wrong metering of telephone calls by the respondent.  In view of the judgment of Supreme Court in “General Manager Vs. Krishnan & Anr. III (2009) CPJ 71 (SC)” the District Forum has directed the respondent BSNL to refer the matter to an

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arbitrator within three months from the date of receipt of copy of the order, failing which the opposite party was to pay Rs.5,000/- to the complainant by way of compensation.  The order passed by the District Forum has been upheld by the State Commission. 

          Supreme Court in the aforesaid case has clearly held that in case of dispute regarding metering etc. of the telephone bills, the parties are required to go for arbitration under Section 7B of the Indian Telegraph Act, 1885.

          We agree with the view taken by the fora below that in view of the aforesaid judgment, the parties are required to go for arbitration and the complaint would not be maintainable.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
SURESH CHANDRA
MEMBER

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