In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   193 / 2005.

1)                   Sri Bipul Chanda,

12A, Netaji Subhas Road, Kolkata-700001.                                             ---------- Complainant

---Versus---

1)                   Hutchison Telecom East Limited,

11, U. N. Brahmachari Street, Kolkata-700017.                                         ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri ,MEMBER

                        Smt. Sharmi Basu ,MEMBER

Order No.   45    Dated  25/04/2012.

            The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Sri Bipul Chanda against the o.p. Hutchison Telecom. The case of the complainant in short is that complainant availed one mobile phone connection from o.p. having ISD and STD facilities vide money receipt issued by o.p. at the time of providing mobile connection no.9830905626 in favour of complainant. Further case of the complainant in short is that during Feb. 2005 complainant had been to Europe for his business tour and during his stay at Europe his mobile connection was disconnected by o.p. without any prior notice and complainant made several correspondences and some representatives of o.p. visited the office of complainant on 27.4.05 and insisted complainant to pay Rs.24,429.69 being outstanding dues and finally complainant through his ld. advocate issued regd. letters on 16.3.05 and 28.4.05 and the said both letters remained unreplied. Hence the case.

            O.p. had entered its appearance by filing w/v on 11.11.05 and denied all the material allegations labeled against it and prayed for dismissal of the case.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular. From the record we find that the dispute centres around in respect of disconnection of mobile phone of complainant and further it appears from the record that o.p. demanded outstanding dues of Rs.24,429.69.

            Be that as it may relying upon the decision of the Hon’ble Supreme Court of India published in AIR 2010 SC 90 we are of the opinion that the instant case is not maintainable in view of the decision of the Hon’ble Supreme Court of India referred to above and Hon’ble National Commission was pleased to hold the same view in Revision Petition no.1703 of 2010 on 21.5.10.

            Hence, ordered,

            That the instant case is not maintainable and the same stands dismissed on contest in the light of the observations of the Hon’ble Supreme Court of India and Hon’ble National Commission referred to in the body of the judgment without cost and complainant is at liberty to agitate this issue in the appropriate Forum on the self-same cause of action.

            Supply certified copy of this order to the parties.

   _____Sd-_____                     ____Sd-_____                  ______Sd-________

     MEMBER                            MEMBER                        PRESIDENT