15/07/2010<br /> Complainant/By Sri:- MKSM<br /> <br /> Opposite Party/By Sri:- <br /> <br /> The complainant has filed this complaint directing the opposite party to recall the false bills raised by them and direct the opposite parties to return the unused cheque for Rs. 3,759/- and for compensation. As per the complainant they had applied for broadband service connection as well as mobile service connection with opposite party. Totally 13 mobile service connections were taken. The complainant submitted request for deactivating mobile service connections provided by Airtel. The opposite parties deactivated the mobile service connections of six mobile connections on 21.09.2009. Complainant submitted that they are ready to pay legitimate dues of Airtel subject to Airtel retiring debit note raised by the complainant plus returning the unused cheque. Admittedly, complainant is a private limited company. Under definition clause of ‘Consumer’ as defined in Consumer Protection Act, 1986 ‘Consumer’ means any person who buys any goods for consideration or hires or avails any service for consideration, but does not include a person who obtains such goods or avails service for any commercial purpose. Therefore, the complainant does not fall under definition of ‘Consumer’. It is not the case of complainant that the services were availed by the complainant exclusively for the purpose of earning livelihood by means of self-employment. Therefore, the case of complainant will not fall under exception clause also. Secondly, as per the judgement of Hon’ble Supreme Court in General Manager, Telecom Vs. M. Krishnan and another reported in 2009 CTJ 1062 (SC) (CP) it has been held that ‘when there is a special remedy provided in section 7-B of the Indian Telegraph Act regarding disputes in respect of telephone bills, then the remedy under Consumer Protection Act is by implication barred’. Therefore, by the judgement of Hon’ble Supreme Court also the present complaint is not maintainable against the opposite parties. In view of the above decision and on the facts and circumstances of the case the complaint is not admitted and therefore, it is liable to be dismissed at the admission stage itself. In the result I proceed to pass the following:<br /> <br /> ORDER<br /> The complaint is not admitted and same is dismissed.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br />