DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 20^th day of April 2013

Present : Smt.Seena H, President

: Smt. Preetha.G. Nair, Member

: Smt. Bhanumathi.A.K, Member Date of filing: 16/02/2013

(C.C.No.43/2013)

M.P.Rajagopalan,

S/o.P.Raghavan Nair,

Sarada Bhavan,

Near Kothakulam,

Nemmara (PO),

Palakkad – 678 508 - Complainant

(Party in Person)

V/s

1.Manager Customer Care,

Vodafone Cellular Ltd.

Angels Arcade,

South Kalamassery,

Cochin University (PO),

Cochin – 682 022

(By Adv.P.Muraleedhaan)

2.Manager

Vodafone Stores,

Near Ghani Honda,

Fort Maidan Junction,

Palakkad - Opposite parties

O R D E R

By Smt.SEENA.H, PRESIDENT

Complaint in brief:

Complainant is a Vodafone post paid customer. The grievance of the complainant is that without assigning any reason or without knowledge and consent of the complainant the opposite party hiked the rent and call charges. The act of opposite parties caused much difficulty to the complainant. Hence the complainant prays for changing the present plan to old plan and compensation for mental agony.

Opposite parties filed version raising the issue of the maintainability of the compliant before the Forum. According to opposite parties as per the dictum laid down in General Manager Telecom V/s.M.Krishnan & another complaint is not maintainable before the Forum.

Heard both parties. As per the dictum laid down in General Manager Telecom V/s.M.Krishnan & another SCC 481 2009(8), by virtue of 7B of Telegraph Act all disputes between telegraph authorities and consumer should be dealt with by arbitration. In the light of the above decision we find that the complaint will not come under the purview of Consumer Protection Act. Hence the preliminary issue found in favour of the opposite parties.

In the result, complaint dismissed.

Pronounced in the open court on this the 20^th day of April 2013.

Sd/-

Seena H

President

Sd/-

Preetha G Nair

Member

Sd/-

Bhanumathi.A.K.

Member