Order no.   31   dt. 21.06.2012.

            Today is fixed for order in view of the maintainability petition filed by o.p. challenging the maintainability of the instant case to which complainant filed w/o.

            The instant case was filed by complainant in respect of billing dispute of his mobile phone no.9831233412 and charged has been raised by o.ps. as against the said mobile connection. Parties to this case filed various decisions.

            In view of the above position we would like to refer to the decisions of Hon’ble Supreme Court published in AIR 2010 SC 90 wherein Hon’ble Court was pleased to hold that whether Consumer Forum has jurisdiction to decide the matter when alternate remedy is available and Hon’ble Court has been pleased to hold that when there is a special remedy provided in Section 7B of Indian Telegraph Act regarding dispute in respect of telephone bills in that event remedy under Consumer Protection Act is by implication barred and Section 7B of the Indian Telegraph Act speaks :

(1)     Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person or whose benefit the line, appliance or apparatus is, or has been provided, the dispute shall be determined by arbitration and shall, for the purpose of such determination, be referred to an arbitrator appointed by the Central Government either specifically for the determination of that dispute or generally for the determination of disputes under this Section.

(2)     The award of the arbitrator appointed under Sub-section (1) shall be conclusive between the parties to the dispute and shall not be questioned in any Court.

            Rule 413 of the Telegraph Rules provides that all services relating to telephone are subject to Telegraph Rules. A Telephone connection can be disconnected by the Telegraph Authority for default of payment under Rule 443 of the Rules.

            The case laws referred to by ld. senior lawyer for the complainant has got hardly in applicability in the facts and circumstances disclosed on record.

            In view of the findings above, we hold that the instant case is not maintainable and this Forum has got no jurisdiction in view of the Section 7B of the Indian Telegraph Act and the instant case stands dismissed on contest with the liberty to the complainant to agitate this issue before the appropriate Forum on the self-same cause of action.