BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENAKUMARI. A : MEMBER
SMT. S.K.SREELA : MEMBER
C.C. No. 04/2011 Filed on 11.01.2011
Dated : 15.11.2011
Complainant :
G. Balakrishna Pillai, Ragasudha, Parackal, Aliyadu P.O, Venjaramoodu, Thiruvananthapuram.
Opposite party :
Idea Nodal Manager, Aditya Birla Group, Mercy Estate, 3rd Floor, M.G. Road, Cochin-682 015.
This O.P having been heard on 11.11.2011, the Forum on 15.11.2011 delivered the following :
ORDER
SMT. S.K. SREELA, MEMBER
The brief facts of the case are as follows: Complainant pleads that he is a subscriber to the Idea Mobile company for the last 3 years and that he has been using the same for his personal use. That the complainant has been using his No. 9605347766 by using recharge coupons. But only recently it had come to the notice of the complainant that, contrary to the offer made in the recharge coupon, the customer could avail facility only for Rs. 23/- instead of Rs. 23.20 if recharged for Rs. 30/-. This is a cheating according to the complainant. Hence this complaint.
Opposite party has filed their detailed version and the learned counsel for the opposite party urged before us that in view of the decision rendered by the Hon'ble Supreme Court in General Manager, Telecom Vs. Krishnan & another reported in III (2009) CPJ 71 (SC), the Consumer Forum cannot have jurisdiction to entertain this complaint and in this view the complaint deserves to be dismissed.
Hence the question of maintainability was heard as a preliminary issue.
As seen from the averments in the complaint, the dispute appears to be regarding recharge coupon and the facility available for the same. The Hon'ble Supreme Court has held that “In our opinion when there is a special remedy provided in Sec. 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. Sec. 7 B of the Telegraph Act reads as under :
Sec. 7 B. Arbitration of Disputes : (1) Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person or whose benefit the line, appliance or apparatus is, or has been provided, the dispute shall be determined by arbitration and shall, for the purpose of such determination, be referred to an Arbitrator appointed by the Central Government either specifically for the determination of that dispute or generally for the determination of disputes under this section. (2) The award of the Arbitrator appointed under Sub-section (1) shall be conclusive between the parties to the dispute and shall not be questioned in any Court. Rule 413 of the “Telegraph Rules provides that all services relating to telephone are subject to Telegraph Rules. A telephone connection can be disconnected by the Telegraph Authority for default of payment under Rule 443 of the Rules”. In the case in hand complainant has alleged that the complainant has been curtailed from availing the facility for the amount for which it has been recharged which brings the case within the ambit of the above ruling. It can be seen that the dispute is regarding recharge coupon and the facility available for the same. As far as these kinds of disputes are concerned, as held by the Hon'ble Supreme Court, the Consumer Forum has no jurisdiction to entertain this case. Hence it is found that this Forum has no jurisdiction to decide dispute regarding the service available under recharge coupon. Hence as per the dictum of the apex court, at present, in General Manager, Telecom Vs. Krishnan & another we are of the view that this complaint cannot be entertained by this Forum. Hence the complaint is dismissed as not maintainable with liberty to the complainant to approach any legal authority for redressal of his grievances if any.
In the result, the complaint is found not maintainable before the Forum and hence dismissed with liberty to the complainant to approach any legal authority for redressal of his grievances if any.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15th day of November 2011.
Sd/-
S.K. SREELA : MEMBER
Sd/-
G. SIVAPRASAD : PRESIDENT
Sd/-
BEENAKUMARI. A : MEMBER
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