BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.520/2011
Dated this the 25th day of April 2012
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Smt. Jayasree Kallat, M.A. : Member
Sri. L. Jyothikumar, B.A., LLB. : Member
ORDER
By Jayasree Kallat, Member:
The petition was filed on 23-12-2011. The complainant had purchased a Wipro Laptop Computer as per the scheme for the school teachers. The Laptop was purchased on 3-6-2011. Along with the computer the company had given an internet wireless connection (Photon). The connection was pre-paid unlimited one. Complainant remitted Rs.399/- for one month’s rent for the connection. The complainant could not make use of the internet connection till date. More over company had sent bill for the previous two months, April and May. When complainant approached for cancellation of net connection it was not allowed by opposite party insisting the complainant to pay the bills and only then cancellation could be done. The complainant had to suffer mentally and financially due to the deficient act of the opposite party.
Notice was issued to the opposite party. Opposite party entered in appearance and raised the issue of maintainability of the petition before the Forum. I.A. No.56 of 2012 was filed by the opposite party to hear the maintainability issue before the proceedings. The contention of the opposite party is that Tata Tele Service the opposite party is an employee of the telegraph authority. The complainant is a subscriber of the telephone net work operated by M/s. Tata Tele Services Ltd. According to the opposite party any dispute which arises between a subscriber and the Indian Telegraph Authority or any employee of the authority or service provider, dispute has to be resolved by arbitration as provided under Sec.7(B) of the Indian Telegraph Act 1885. The Supreme Court had made a dictum as per Supreme Court (2009) 8 SCC 481. The National Consumer Disputes Redressal Commission has followed the dictum of the Supreme Court in similar cases, which means that consumers can not approach consumer forum regarding disputes arising against Telegraph Authority and its service providers or employees.
The Forum heard on the maintainability issue and has come to the conclusion that the petition is not maintainable before this Forum as per the dictum of Supreme Court and National Commission.
In the result the petition filed by the complainant is liable to be dismissed.
Pronounced in the open court this the 25th day of April 2012.
Date of filing: 23.12.2011.
SD/-PRESIDENT SD/-MEMBER SD/-MEMBER
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
