Petitioner had sent the mobile handset provided to him along with the sim card to Matrix Cellular International Services Pvt. Ltd. through Trackon Courier Pvt. Ltd., which was not delivered. Matrix Cellular International Services Pvt. Ltd. raised a bill of Rs.22,031/- on account of misuse of the mobile handset. Petitioner filed the complaint against the Courier company as well as the service provider. District Forum allowed the complaint and directed the courier company to pay a sum of Rs.21,650/- to the petitioner with a compensation of Rs.5,000/-. Rs.2,200/- were rewarded as costs. Courier company preferred appeal, which has been allowed on the ground that telecom matters do not fall within the jurisdiction of the consumer forum. 3 Courier company, which is Respondents No.1 to 4, have been served and are represented. District Forum had allowed the complaint against the courier company only. In that order, it was the courier company which was required to pay the amount. There was no dispute between the petitioner and the service provider, i.e., Matrix Cellular International Services Pvt. Ltd. We agree with the contention raised by the petitioner that the State Commission has misunderstood the dispute raised by the petitioner. Petitioner’s dispute was with the courier company and not with the service provider. Since the dispute is between the complainant/petitioner and the courier company, the complaint filed by the petitioner against the courier company was maintainable and could not be dismissed on the ground that the dispute was a telecom dispute and the consumer fora could not entertain the same in view of the law laid down by the Supreme Court in General Manager, Telecom vs. M. Krishnan & Anr. – (2009) 8 SCC 481. For the reasons stated above, the revision petition is accepted. Order of the State Commission is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law. Parties, through counsel, are directed to appear before the State Commission on 8.4.2013. 4 All contentions are left open. Nothing stated herein be taken as an expression of opinion. |