DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 20th day of April 2013
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing: 17/01/2013
(C.C.No.19/2013)
M.Manoj,
S/o.Vijayakumar,
Chiramayil House,
Olive Mount (PO),
Kuzhalmannam, Alathur
Palakkad - Complainant
(By Adv.S.Vinod)
V/s
1.M/s.Idea Cellular Ltd.
Regional Office,
Mercy Estate,
Ravipuram, M.G.Road,
Cochin- 682 015
Rep.by its Regional Manager
2.The Regional Manager,
M/s.Idea Cellular Ltd.
Regional Office,
Mercy Estate,
Revipuram, MG Road,
Cochin – 682 015
3.Area Manager
M/s.Idea Cellular Ltd.
Second Floor,
Lakshmi Enclave,
Chandranagar Junction,
N.H.47, Palakkad
(By Adv.Jayachandran.G)
4. The Proprietor,
Apple Communications,
Near Stadium Bus Stand,
Palakkad - Opposite parties
(By Adv.Jayachandran.G)
O R D E R
By Smt.SEENA.H, PRESIDENT
Complaint in brief:
Complaint filed alleging deficiency in service on the part of opposite party on account of disconnection of mobile connection without any reason and without giving notice. Hence prayed for getting reconnection and compensation from the opposite parties.
Opposite parties filed version raising the preliminary issue of 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 20th day of April 2013.
Sd/-
Seena H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi.A.K.
Member
