KERALA STATE CONSUMER DISPUTES REDRESSALCOMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.692/05 JUDGMENT DATED 7.10.09 PRESENT JUSTIE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARANGADHARAN -- MEMBER 1. The General Manager, BSNL, Telecom, Ernakulam. 2. The SDE, BSNL, -- APPELLANTS Telecom, Adimali.P.O, Idukki. (By Adv.K.R.Haridas) Vs. Kadeeja Moideen, Chennara House, -- RESPONDENT Selliyamparakara, Vellathooval, Idukki. JUDGMENT SMT.VALSALA SARANGADHARAN,MEMBER The above appeal is preferred from the order dated 18.5.05 of CDRF, Idukki in OP.No.251/04. The Forum directed the opposite parties to pay a sum of Rs.10,000/- by way of compensation to the complainant. It is aggrieved by this order the present appeal is filed by the opposite parties. 2. The case of the complainant is that while attending the Telephone due to electric shock from the receiver she fell down and sustained injury on the back side of the head and chin and was hospitalized. The equipment became dead after the electric shock. Since the complainant’s house is not electrified there is no possibility to get shock from any other source other than the telephone. The opposite parties denied the chance of occurring electric shock through the telephone line. Hence she filed complaint before the Forum claiming compensation. 3. We heard the counsel for the appellants. There was no representation for the respondent. The learned counsel for the appellants/opposite parties submitted that the Forum below had no jurisdiction to entertain the complaint therein by virtue of the judgment passed by the Hon. Supreme Court in General Manager,Telecom V M.Krishnan & Another reported in III 2009 (CPJ) 71 (SC). In the aforesaid reported decision it has been held by the Hon. Supreme Court that the provisions of Section 7 B of Indian Telegraph Act regarding arbitration procedure prescribed therein is to be invoked with respect to the dispute in respect of the alleged deficiency in service on the part of the BSNL or in respect of the Telephone bills. In the light of the aforesaid decision (supra) rendered by the Apex Court it is to be held that the Forum below had no jurisdiction to entertain the complaint in OP.No.251/04 and the complainant therein ought to have invoked the provisions of Sections 7 (B) of the Indian Telegraph Act. In the circumstances, the impugned order passed by the Forum below is liable to be quashed. Hence we do so. 4. In the result, the impugned order dated 18.5.05 of CDRF, Idukki in OP.No.251/04 is set aside. The appellants/opposite parties are directed to refer the matter for Arbitration. The complainant is entitled to get the period spent for this proceedings excluded from the limitation period for initiating appropriate proceedings before the Arbitrator. The appeal is disposed of with the above directions. VALSALA SARANGADHARAN -- MEMBER JUSTIE K.R.UDAYABHANU -- PRESIDENT
......................SMT.VALSALA SARNGADHARAN | | 
