Kerala

Kannur

CC/167/2011

Mohammed Shafi, - Complainant(s)

Versus

Bharathi Airtel Ltd - Opp.Party(s)

31 Aug 2011

ORDER

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR
 
CC NO. 167 Of 2011
 
1. Mohammed Shafi,
Gopal Kripa, Parakandy,
Kannur
Kerala
2. Nishayi MP
Gopal Kripa, Parakandy 670001
Kannur
Kerala
...........Complainant(s)
Versus
1. Bharathi Airtel Ltd
Bharathi Cresent D 1, Nelson Mandela Road, Vasnant Kunj, Phase II, 110070
New Delhi,
Kerala
2. The Proprietor, Krishna Communications System, Apex Building,
Opp. Police Club, Thavakkara Junction,
Kannur
Kerala
3. Bharathi Airtel Ltd, S L Avenue, NH Bypass, Kundanoor,
Maradu PO, Cochin 682304
Ernakulam
Kerala
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. GOPALAN.K PRESIDENT
 HONORABLE PREETHAKUMARI.K.P Member
 HONORABLE JESSY.M.D Member
 
PRESENT:
 
ORDER

        Heard Counsel for both sides.  Admittedly the subject matter involved herein is in respect of a telecom dispute.  The learned Counsel for the complainant vehemently argued in length that this is a dispute perfectly maintainable before this Forum since the dispute is between the complainant and private sector telecom Agencies.  Hon'ble Supreme Court made it clear, by dismissing the special leave petition in Prash Varma Vs Idea Cellular Ltd and Another from the judgment and order dated 21.05.2010 in R.P.No. 1703/2010 of the National Consumer Disputes Redressal Commission that any dispute between the subscriber and the telegraph authority can be resolved by taking recourse to arbitration proceedings only.  The decision of the National Commission in the Revision Petition No.1703 of 2010 specifically directed that the judgement of the Supreme Court in General Manager Telecom Vs. M. Krishnan (2009)8 Scc 481 in binding on all subordinate Courts.   In the light of the above decisions with clear position there is no scope for further discussion on the subject matter.  This dismissal of the special leave petition in Prakash Varma's case is declaration that there is no distinction between private sector or public sector with respect to the applicability of Rule held in General Manager, Telecom Vs. M. Krishnan and another.

      In the light of the above discussion we are under the impression that the complaint in hand is not maintainable and hence dismissed.

      Dated this the 31st day of August, 2011.

Sd/-    President            Sd/-  Member           Sd/-  Member

forwarded by Order

Senior Superintendent

 
 
[HONORABLE MR. GOPALAN.K]
PRESIDENT
 
[HONORABLE PREETHAKUMARI.K.P]
Member
 
[HONORABLE JESSY.M.D]
Member

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.