JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:   PRESIDENT

          The appellants/BSNL authorities are the opposite parties in OP 392/2003 in the file of CDRF, Kottayam.  The Forum has cancelled the bills dated 07-02-2003, 07-04-2003 and 07-06-2003 and directed to issue fresh bills.  The appellants are also ordered to pay a compensation of Rs. 1,000/- and Rs. 750/- towards costs.

          The matter relates to the alleged excess billing of the complainant’s land phone connection No. 256571.  The case of the complainant was disputed by the opposite parties who have also filed version.

          The evidence adduced consisted of the proof affidavit filed by the respective sides and Ext.A1 to A12 and B1 to B5.

          Supreme Court in General Manager, Telecom Vs. M. Krishnan and Anr. (Civil Appeal No. 7687/04 dated 01-09-2009) has held that the Consumer Fora are not having jurisdiction in the matter of disputes coming under the Indian Telegraph Act.  The Supreme Court further directed that the disputes are to be referred to arbitration as per Section 7-B of the Indian Telegraph Act.

          In the circumstance and in view of the law laid down by the apex court, the order of the Forum is set aside.  The appellants/BSNL authorities are directed to refer the matter for arbitration u/s 7-B of the Telegraph Act.

          The appeal is allowed as above.

          The office is directed to forward the LCR to the Forum.

                                                JUSTICE K.R. UDAYABHANU:   PRESIDENT

Sr.