RESERVED

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UTTAR PRADESH, LUCKNOW

APPEAL NO. 143 OF 2011

(Against the judgment/order dated 20-12-2010 in Complaint

Case No. 351/2005 of the District Consumer Forum-I, Moradabad)

M/s. IDEA Mobile Communication Limited

A-30 Mohan Cooperative Industrial,

Mathura Road, New Delhi.

...Appellant

Vs.

01. Hari Om Agarwal

S/o Late Kanti Prasad

R/o P.M.S. School

37 civil Lines, Moradabad.

02. Smt. Nasari Farouqi

Electrophoto India

Opposite Lavina Restaurant

Rampur Road, Moradabad

03. M/s. Rajiv Sant

Jivan Muthu, Opposite Awas Vikas

Near Pili Kothi, Civil Lines

Moradabad

...Respondents

BEFORE:

HON'BLE MR. S. A. A. RIZVI, PRESIDING MEMBER

HON'BLE MR. JUGUL KISHORE, MEMBER

For the Appellant : Sri V S Bisaria, Advocate.

For the Respondent :

Dated : 10-09-2014

JUDGMENT

PER MR. S. A. A. RIZVI, PRESIDING MEMBER

The case called out. Sri V S Bisaria, learned Counsel for the

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appellant is present. No one appeared on behalf of the respondent.

We have heard learned Counsel for the appellant and perused the record of this appeal including the impugned judgment/order.

The dispute between the parties pertains to the mobile service.

The Apex court in its decision rendered in Civil Appeal No. 7687 of 2004 General Manager, Telecom V/s M. Krishnan & Anr. has held that a dispute covered by the provisions of Section 7-B of the Indian Telegraph Act shall be determined by way of arbitration. The following observation is of much relevance and greater significance.

......................'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 the Consumer Protection Act is by implication barred'.

The award of arbitrator appointed under Section 7-B of the Indian Telegraph Act shall, as provided under Sub-section (2) of the said section, be conclusive between the parties to the dispute and it shall not be questioned in any Court.

The following observation of the Apex court is also relevant:-

'It is well settled that the special law overrides the general law'.

The Hon'ble National Consumer Disputes Redressal Commission, New Delhi has also, in the light of the above law laid down by the Hon'ble Supreme Court in M. Krishnan's case(supra), decided the dispute in the Revision Petition No. 3842 of 2007 Usha Seth V/s Reliance Infocom Limited on 23-01-2012.

Thus, we hold that in view of the provisions of Section 7-B of the Indian Telegraph Act and the Hon'ble Supreme Court's judgment referred

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to above the dispute between the parties to this appeal can be determined by way of arbitration only.

In other words, the dispute subsisting between the parties in this case is covered by the aforesaid judgment.

We dispose of the appeal accordingly in light of the Hon'ble Supreme Court's judgment referred to above, set aside the judgment of the District Consumer Forum and refer the complaint, giving rise to this appeal, to the appropriate authority of the concerned department or any equivalent authority in the district concerned for a reference under Section 7-B of the Indian Telegraph Act, if the dispute still subsists, for resolution of the issues by way of arbitration.

( S. A. A. RIZVI )

PRESIDING MEMBER

( JUGUL KISHORE )

MEMBER

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