Kerala

Palakkad

CC/09/21

Sreedharan.P.P - Complainant(s)

Versus

Bharathiya Sanchar Nigam Ltd - Opp.Party(s)

T.V.Pradeesh

29 Sep 2009

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Civil Station, Palakkad, Kerala Pin:678001 Tel : 0491-2505782
consumer case(CC) No. CC/09/21

Sreedharan.P.P		 ...........Appellant(s)

Vs.

Bharathiya Sanchar Nigam Ltd
The Deputy General Manager (Rural)
The Chief General Manager		 ...........Respondent(s)


BEFORE:
1. Smt.Bhanumathi.A.K 2. Smt.Preetha.G.Nair 3. Smt.Seena.H

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD


 

Dated this the 29th day of September 2009.


 

Present : Smt. H. Seena, President

Smt. Preetha.G. Nair, Member

Smt Banumathi.A.K, Member

C.C.No.21/2009


 

Sreedharan.P.P.

Pullanikattuparambil House

Panniyoor

Anakkara (P.O)

Palakkad - Complainant

(Adv.T.V. Pradeep)

V/s


 

1. Bharatiya Sanchar Nigam Ltd

Rep. By its Sub Divisional Engineer

B S N L

Kudalloor

Pattambi

Palakkad


 

2. Deputy General Manager (Rural)

O/o The General Manager

B S N L

Palakakd.


 

3. The Chief General Manager

B S N L (Kerala Circle)

Thiruvananthapuram. - Opposite parties


 

O R D E R

Order by Smt. H. Seena, President


 

    1. Complaint filed seeking compensation for the deficiency in service on the part of BSNL authorities.

    1. Opposite party entered appearance and filed version denying the allegations

    2. Both parties filed affidavit. Exhibit A1 to A9 and Exhibit B1 to B2 marked on the side of the complainant and opposite parties respectively

    3. We are of the view that issue regarding maintainability of the case before the Forum has to be decided first

- 2 -

    1. Complainant alleging deficiency in service on the part of BSNL authorities. As per

      the latest decision by the Honourable Supreme Court in C A No.7687/2004, between General Manager Telecom Vs M. Krishnan and another dated 01/09/2009, it was held that Consumer Forum has no jurisdiction to try cases regarding deficiency in service on the part of BSNL authorities. Hence without going into the merits of the case, we dismiss the complaint with direction to appraoch the appropriate authorities.

In the result complaint dismissed.

Pronounced in the open court on the 29th day of September 2009


 

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

 

APPENDIX


 

Witness examined on the side of Complainant

Nil

Witness examined on the side of Opposite party

Nil

Exhibits marked on the side of the complainant

  1. Ext. A1 – Copy of letter addressed to GM, Telecom dated 03/03/2007

  2. Ext.A2 - Copy of letter addressed to The Asst. G M (PR) dated 11/08/2007

  3. Ext A3 - Copy of letter from Deputy General Manager(Rural) BSNLdated 03/10/2007

4. Ext. A4 – Copy of letter from Deputy General Manager(Rural) BSNLdated 23/10/2007

5. Ext. A5 – Copy of letter addressed to Vigilance Officer, BSNL dated 13/11/2007

6. Ext. A6 - Copy of Public Grievance Cell letter dated 24/01/2008

7. Ext. A7 - Copy of letter addressed to G M, BSNL, dated 12/12/2008

8. Ext. A8 – Acknowledgement card

9. Ext. A9 - BSNL bill No.99546841 dated 07/04/2009


 

Exhibits marked on the side of the Opposite Party

    1. Ext. B1 - Copy of letter dated 07/08/2007

    2. Ext B2 - Copy of letter dated 21/02/2007

Forums Exhibits

Nil

Forwarded/By order


 

Senior Superintendent




......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H