BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.147/2012

Dated this the 31st  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 29-3-2012. The case of the complainant is that the complainant had availed a Reliance Mobile connection bearing No. 9349733404 (HLR 3 899146216048279 546 O). It was used from the last 8 months continuously. On March 2012, while complainant making dial to his friend, the reply of said call surprisingly heard that “Invalid Sim”. This was intimated to the opposite party and Opposite party after enquiry replied that the number which has been used is not in force. Due to the deficiency of service of the opposite party complainant suffered great loss. Therefore complainant seeking relief against the opposite party directing them to pay compensation and also re-install the SIM card with same number which already been used.

 

            Heard the complainant and also perused the decision, we find that the question comes up for 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’ble National Commission and also Prakash Varma Vs Idea Cellullar Limited 2010 Madhyapradesh. On 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 Foras constituted under the Consumer Protection Act. Under these circumstances the complaint is liable to be dismissed.

 

Pronounced in the open court this the 31st  day of May 2012.

Date of filing: 29.03.2012.

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

 

//True copy//

(Forwarded/By Order)

 

SENIOR SUPERINTENDENT