BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.172/2012

Dated this the 30^th day of May 2012.

 

            ( Present: Sri. G. Yadunadhan, B.A., LLB.                              : President)

                             Smt. Jayasree Kallat, M.A.                                       : Member

                             Sri. L. Jyothikumar, B.A., LLB.                                 : Member

 

 

ORDER

By G. Yadunadhan, President:

            The petition was filed on 19-4-2012. The case of the complainant is that the complainant had taken a connection from the opposite party bearing telephone No. 0495-2281846. The complainant was regularly paying the bye-monthly bill. Even through he was regularly by paying the bill, unfortunately from the last year itself the above land number was not functioning. This fact was intimated to the authority, but so far not rectifying. Due to the deficiency of service on the part of opposite parties complainant suffered a great loss. Therefore complainant is seeking relief against the opposite party-1 and 2 to pay a compensation of Rs.25000/- along with costs.

 

Heard the complainant and also on perusing the records we find that the question that comes up for our consideration is whether the complaint is maintainable before this Forum? All the telephone cases opposite party has relied upon the decision of the Hon’ble Supreme Court and the Hon’bleNational Commission and also Prakash Varma Vs Idea Cellullar Limited 2010 Madhyapradesh. On perusal of those decisions it is found that Hon’ble Supreme Court have taken a view that any dispute between the subscriber and the telephone authority can be resolved by taking recourse to arbitration proceedings only. The Hon’ble National Commission also has followed the same view in Prakash Varma Vs Idea Cellullar Limited 2010, it is found that the Hon’ble Supreme Court have taken a view that a subscriber and the service providers with regard to telegraph connection cannot be adjudicated by the Consumer Fora constituted under the Consumer Protection Act. Under these circumstances the complaint is liable to be dismissed.

 

Pronounced in the open court this the 30^th day of May 2012.

Date of filing:19.04.2012.

 

            SD/-PRESIDENT                                SD/-MEMBER            SD/-MEMBER

//True copy//

(Forwarded/By Order)

 

 

SENIOR SUPERINTENDENT