CC No.300/08

Monday, the 30th day of November, 2010

Petitioner                                                          : James Mathew,

                                                                          Chakalakal House,

                                                                          Athirampuzha PO,

                                                                          Kottayam.

                                                                  Vs.

Opposite party                                               :  B.S.N.L.,

                                                                         Rep.by General Manager,

                                                                         Kottayam.

ORDER

Sri. Santhosh Kesavanath P. President

            Petition is to set aside the bills issued by the opposite party.  According to the petitioner bills are issued for exorbitant amount without any basis.

            Opposite party’s counsel argued that based on the decision rendered by the Hon’ble Supreme Court of India in civil appeal No. 7687 of 2004.  (General Manager of Telecom versus M. Krishnan & Another) reported in 2009 (3) KLT 991(SC) this petition is not maintainable and is liable to be dismissed.

            Heard both sides,

            In our view, based on the decision rendered by the Hon’ble Supreme Court.  If their is a special remedy provided in section 7 B of Indian Telegraph Act regarding dispute in respect of telephone bills then remedy under the Consumer Protection Act is by implication barred.

            So, we dismiss the petition as not maintainable with the liberty to the petitioner to approach arbitrator appointed by the opposite party under section 7 B of Telegraph Act with within a time limit of 2 months from the date of receipt of the order.  In the meanwhile opposite party is directed not to disconnect the telephone connection of the petitioner.  Petition is disposed accordingly with aforesaid direction.

Sri. Santhosh Kesavanath P. President  Sd/-

Smt. Bindhu M. Thomas, Member                    Sd/-

By Order,

Senior Superintendent.

S/3cs