Karnataka

Bangalore 4th Additional

CC/11/236

Ajay S. Hooda Aged about 58 Years S/o. Late Shri Banar Singh - Complainant(s)

Versus

Manager Reliance World - Opp.Party(s)

Inperson

31 Mar 2011

ORDER

BEFORE THE 4TH ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.8, 7th Floor, Shakara Bhavan,Cunninghum, Bangalore:-560052
 
Complaint Case No. CC/11/236
 
1. Ajay S. Hooda Aged about 58 Years S/o. Late Shri Banar Singh
H.No. 383, Vasundhra Lyt 12 Main, Shree Anant Nagar Phase 3, Electronics City P.O. Bangalore-560100.
Bangalore
Karnataka
...........Complainant(s)
Versus
1. Manager Reliance World
Brigade Road, 158 Mota Roayal Arcade, Ground Floor Bangalore -560001.
Bangalore
Karnataka
2. Satish Seth Group Managing Director Reliance Communications Ltd
H Block 1st Floor Navi Mumbai Maharashtra-400710.
Maharashtra
Maharashtra
............Opp.Party(s)
 
BEFORE: 
 HONORABLE Sri D.Krishnappa PRESIDENT
 HONORABLE Ganganarsaiah Member
 HONORABLE Anita Shivakumar. K Member
 
PRESENT:
 
ORDER

This is a complaint filed by the complainant against the Op questioning the correctness of mobile telephone bills issued by the Op demanding payments from the complainant for use of the service of the Op.   The complainant has further contended to has availed telephone service of the Op under a specific claim called MyOnNet425 Plan under which the Op alleged to had promised calls locally at Rs.0.30 per minute and out of State at a little higher rate but the Op while sending bills to him has charged him excessively.   Therefore, contended that he is not liable to pay the bill amount as claimed by the Op.

 

        Op despite service of the notice has remained absent is set exparte.   We received complainant evidence and heard who is in person.  

 

On perusal of the complainant allegations it is manifest that the complainant has questioned the bill of the service rendered by the Op in the form of telephone service.   But in a recent decision the Hon’ble Supreme Court has delivered judgment in Appeal No.(S) 7687/04 dated 01/09/2009 in which it has been pleased to hold that if there is any dispute with regard to billing of telephone service facility, maintenance of line etc., are to be got resolved, through the arbitrary as provided U/S 7B of Indian Telegraphic Act and the Consumer Forum or Foras have no jurisdiction to entertain such complaints.   As such, the facts of the case are similar to that of the Judgment of the Hon’ble Supreme Court.   Therefore, the complaint is not maintainable and is dismissed with liberty to the complainant to pursue his remedy U/S 7B of the Telegraph Act.

 

 

 
 
[HONORABLE Sri D.Krishnappa]
PRESIDENT
 
[HONORABLE Ganganarsaiah]
Member
 
[HONORABLE Anita Shivakumar. K]
Member

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