BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VELLORE DISTRICT AT VELLORE. PRESENT: THIRU. A. SAMPATH, B.A., B.L., PRESIDENT TMT. G. MALARVIZHI, B.E. MEMBER – I THIRU. K. DHAYALAMURTHI,B.SC. MEMBER – II CC. 15 / 2002 TUESDAY THE 29th DAY OF JUNE 2010. Mosur Village Phone Net Work, Consumer’s rep. by the General Secretary, Consumer Proteciton Centre, Tamil Nadu, Regd. No.81/93, 17, Sarojini Street, Arakkonam. 631 001. . … Complainant. -Vs – 1. The Junior Telecom Officer, (out door) B.S.N.L. Arakkonam. 2. The Divisional Engineer, (Maintenance), B.S.N.L., Arakkonam 631 001. 3. The General Manager (T),. BSNL, Vellore. … Opposite parties. . . . . This petition coming on for final hearing before us on 23.6.2010, in the presence of Thiru. T.M. Sivakumar, Advocate for the complainant and Thiru. T.N.K.Selvaraj, Advocate for the opposite parties, and having stood over for consideration till this day, the Forum made the following: . . . . O R D E R Pronounced by Thiru. A. Sampath, President of the District Consumer Disputes Redressal Forum, Vellore District. 1. The brief facts of the case of the complainant is as follows: The Mosur Village people at about 50 members being the subscribers of the Telephone at about 50 members being the subscribers of the Telepohone under Arakonam Telephone exchange which under the control of 1st opposite party. The subscribers of the telephone connections of the said Village suffered inconsistent noise while dialing or attending the incoming calls right from the year 2000. Hence the conversation, audiobility, voice were not reached clearly. Hence the people who are having the telephone connection in the Village being the consumers as a whole represented to the opposite parties repeatedly orally in person and by way of correspondence in writing for their grievance to rectify the fault while in attending the phone calls. But for more than 2 years the said village consumer of telephones paid their phones bills duly without any default though the telephones was not functioning properly. Moreover there were no efforts taken by the opposite parties for rectification of the above fault. Hence the very basic purpose in getting and obtaining the telephone connections by the subscribers of the village totally defeated and there was no purpose was served on them. Hence it is a deficiency of service by the opposite parties against the subscribers and they suffered loss and mental agony. Hence the opposite parties liable to compensate for the same to the subscribers and they are bound to rectify the defects in the phone net work at Mosur Village. He filed the representations made by the village people, Mosur to the opposite parties dt,.14.8.01, 27.8.01, 3.10.01, 7.11.01, 27.2.02 and the reply dt. 16.11.01 from the 3rd opposite party and the acknowledgement dt. 29.2.02 for the representation dt. 27.2.02. He has prayed for directing the opposite parties to rectify the noise, sound, inconsistent noise occurred during incoming and outgoing calls of the Mosur Village phone Net Work consumers and to pay the compensation of Rs.50,000/- for the mental agony and loss suffered by them and to pay the cost of this complaint. 2. The averments in the counter filed by the opposite parties are as follows: The opposite party does not admit any of the averments contained in the complaint, save those that are specifically admitted hereunder and the complainant is put to strict proof of them all. It is not correct to state that the subscriber of Mosur Village suffered inconsistent noise while dialing or attending the incoming calls right from the year 2000. It is also not correct to state that those subscribers paid their phone bills though the telephone were not functioning properly. It is further false to state that there was no efforts taken by the opposite parties for rectification of the faults. Whenever any complaint received form the subscribers, the faults were attended immediately. Efforts were taken to restore the faults of the subsrbers and delay will be unavoidable for some type of faults according to its nature and the same also have been restored by continuously working by the staff day and night. Whenever the department received representation from the consumers, their complaints are looked into the same day and action has been taken immediately to rectify the defects and to restore the telephone connection. The telephone net works are maintained for proper functioning for 24 hours. The department fully co-operated with the subscriber and extended their service. Complaints are being attended without any delay. The 2nd opposite party viz the Divisional Engineer, Arakkonam has been personally monitoring the cases and the complaints without any delay. The opposite party is submitting subscriber fault cards of Mosur numbering 18 which will go to show the complaints made by the subscribers and their registration of faults, the nature of faults, the date of handling of the fault by the line man and the fault clearance date. Those fault cards will show that there are no prolonged faults on any of the Mosur subscribers Nos. The faults were cleared on the same day. Thus it is clear that the averments from the complaint are not true and correct. Therefore there is no question of any deficiency of service on the part of the opposite parties. Therefore, dismiss the complaint with compensatory costs . 3. Now the points for consideration are: (a) Whether this Forum has got no jurisdiction to try this case? (b) Whether there is any deficiency in service, on the part of the opposite party? (c) Whether the complainant is entitled to the reliefs asked for?. 4. Ex.A1 to ExA7 were marked on the side of the complainant and Ex.B1 was marked on the side of the opposite parties. Proof affidavit of the complainant and Proof affidavit of the opposite parties have been filed. No oral evidence let in by either side. 5. POINT NO. (a) The complainant has raised disputes in respect of telephone line appliance and apparatus was not functioning properly against the opposite parties. 6. The opposite parties contended that this complaint is not at all maintainable, and when there is special remedy provided in Section 7-B of the Indian Telegraph Act regarding disputes in respect of telephone line, appliance or apparatus then the remedy under the Consumer Protection Act is by implication barred. Hence this Forum has got no jurisdiction to try this case. In this connection the learned counsel for the opposite party relying upon the following Judgement of the Hon’ble Supreme Court of India. 2009 (4) CPR 119 (SC) General Manager, Telecom Versus M. Krishnan & Anr. 7. The Hon’ble Supreme Court was held in the above case that : “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. 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 Rules. It is well settled that special law overrides general law. Indian Telegraph Act Sect.7-B Arbitration of disputes reads as under: “S. 7B 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 disputes 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-s. (1) shall be conclusive between the parties to the disputes and shall not be questioned in any Court”. Rules 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. 8. In the present case, the contention of the complainant that for more than two years the Mosur Village Consumers of telephones paid their telephone bills dully without any default, but the telephone was not functioning properly. Therefore it is clear that the disputes between the parties in respect of telephone line appliance or apparatus, if any dispute concerning any telegraph line appliance or apparatus arises between the telegraph authority and the person or whose benefit the line dispute shall be determined by arbitration. Therefore, the contention of the opposite party that, when there is special remedy provided in Section 7-B of the Indian Telegraph Act regarding disputes in respect of telephone line appliance or apparatus this Forum has got no jurisdiction to try this case is acceptable. The ruling cited by the learned counsel for the opposite party is squarely applicable to the facts and circumstance of this case. 9. Taking all the above factors in to consideration and from the averments in the complaint, we have come to the conclusion that this Forum has got no jurisdiction to try this case. Hence we answer this point (a) & (b) as against the complainant herein. 10. POINT NO; (c) : In view of our findings on point No.(a) & (b) since this Forum has got no jurisdiction to try this case, we have come to the conclusion that this complaint is not maintainable in this Forum and we have come to the conclusion that the complainant is not at all entitled to any relief asked by him in this complaint. Hence, we answer this point (c) also as against the complainant herein. 11. In the result, this complaint is dismissed. No costs. Dictated to the Steno-typist and transcribed by her, corrected and pronounced by the President, in Open Forum, this the 29th day of June 2010. MEMBER-I MEMBER-II PRESIDENT. List of Documents: Complainant’s Exhibits: Ex.A1- 14.8.01 - X-copy of the representation letter by the Mosur Village Telephone No. Ex.A2- 27.8.01 - X-copy of the representation letter by the Mosur Village Telephone No. Ex.A3- 3.10.01 - X-copy of the representation letter by the Mosur Village Telephone No. Ex.A4- 7.11.01 - X-copy of the representation letter by the Mosur Village Telephone No Ex.A5- 27.2.02 - X-copy of the representation letter by the Mosur Village Telephone No Ex.A6- 16.11.01 - X-copy of Reply by the 3rd opposite party. Ex.A7- -- - X-copy of Ack. for the representation. Opposite parties’ Exhibits: Ex.B1- -- - Subscriber Fault cards (18 Nos.) MEMBER-I MEMBER-II PRESIDENT. | 
