By Smt. Rajani.P.S, Member: The complainant’s case is as follows: The complainant is a consumer of the respondents having telephone connection and numbered 2364377. He has been paid the monthly rent regularly. Later he changed his connection to ‘Sulabh’ plan which is having only the incoming calls in which he has some doubts regarding the billing of telephone. He opted the ‘Sulabh’ plan upon the assurance made by the respondent that the incoming calls are free. There after the complainant received a bill dated 7/8/2006 for Rs.3,140/-. Then the complainant sent a lawyer notice stating that the said bill is illegal. There after the respondent issued a revised bill for Rs.3,103/- as the charges for the period from 1/10/2005 to 26/10/2005. The complainant paid promptly the bills since 30/9/2006. Subsequently on 24/11/2006 the respondent disconnected the connection without any notice or intimation. The respondents are demanding call charges for 9 months before. Hence the complaint. 2. A detailed version is filed by respondents. 3. Now the respondents raised the question of maintainability of the complaint before the Forum in the light of new Supreme Court ruling. 4. So we heard the maintainability in the light of new Supreme Court ruling. According to the respondents, the complaint is not maintainable since the telephone bill is under challenge. As per Section 7B of the Telegraph Act when there is a special remedy, remedy under Consumer Protection Act is by implication barred. Then the question is when there is a special remedy under S.7B of Telegraph Act regarding dispute in respect of telephone bills remedy under Consumer Protection Act, if can be invoked? The Hon’ble Supreme Court held that when there is a special remedy provided under Section 7B of Telegraph Act regarding disputes in respect of telephone bills then remedy under Consumer Protection Act is by implication barred. The present case is filed to cancel the bill issued by respondents. So the complaint is not maintainable before the Forum. 5. In the result, the complaint stands dismissed as not maintainable and the complainant is directed to approach the Arbitration Authority within one month from the date of receipt of copy of this order and the respondents shall not take any coercive steps during that period. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 11th day of March 2010.
| | HONORABLE Rajani P.S., Member | HONORABLE Padmini Sudheesh, PRESIDENT | HONORABLE Sasidharan M.S, Member | | 
