BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 17th day of July 2014
Filed on : 04-07-2014
PRESENT:
Shri. A. Rajesh, President.
Smt. Beena Kumari V.K. Member.
CC.513/2014
Between
Pothan Chandran, : Complainant
802, Vanchinad Residency, (party-in-person)
Kaloor, Cochin-17.
Vs
: Opposite parties
Bharati Airtel Limited, (notice not sent)
N.H. bypass Kundanoor Jn,
Maradu P.O., Kochi-682 034.
O R D E R
A. Rajesh, President.
This complaint has been filed by the complainant alleging deficiency in service on the part of the opposite party, a private telephone service provider.
2. In General Manager V. M. Krishnan & Anr. AIR 2009 SC 90, the Hon’ble Appex Court held that since special remedy has been provided under Section 7 B of the Indian Telegraph Act in respect of such disputes, the Consumer Fora have no jurisdiction to deal with the dispute pertaining to telephones and telegraphic activities. This view has been confirmed by the Hon’ble Apex Court in a later case of Prakash Varma Vs. Idea Cellular Ltd. & Anr. (SLP Civil No. 24577/2010 dated 01-01-2010) The ratio laid
down by the Law of the land in respect of the dispute under Section 7 B of the Indian telegraph Act, as to the case with the present dispute as well has to be followed and there should not be any doubt about it.
3. Accordingly, the proceedings in this complaint stands closed with a direction to the complainant to receive back the complaint and the related documents to be submitted before the appropriate authority, if so advised.
Pronounced in the open Forum on this the17th day of July 2014
Sd/-
A. Rajesh, President.
Sd/-
Beena Kumari V.K., Member.
Forwarded/By Order,
Senior Superintendent.
