In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 252 / 2011.
1) M/s. STP Limited,
Registered Office at : -
Turner Morrison Building, 1st Floor,
6, Lyons Range, Kolkata-700001. ---------- Complainant
---Versus---
1) M/s. Vadafone Essar East Limited,
11, Dr. U.N. Brahmachari Street, Kolkata-700017. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 7 Dated 2 7 / 0 1 / 2 0 1 2 .
The petition of complaint u/s 12 of the C.P. act, 1986 has been filed by complainant M/s STP Ltd. against the o.p. Vodafone Essar East Ltd. The case of the complainant in short is that complainant is a company who has described itself as a consumer and purchased 10 mobile for the user of its staffs from o.p. and subsequently from the complainant itself there appears that some billing disputes arose as well as in respect of the connection of providing numerous mobile sets which were brought to the notice of the o.p. but o.p. gave assurance but no fruitful result was brought forth.
O.p. had entered its appearance and denied all the material allegations labeled against it and submitted that the instant case is not maintainable in view of the decision of the Hon’ble Supreme Court of India as well as Hon’ble National Commission and prayed for dismissal of the case.
We have gone through the pleadings of the parties and we find that there appears some billing disputes in respect of the mobile phone purchased of o.p. by the complainant company for the user of its staff and o.p. happens to be a licensee.
In view of the decision of the Hon’ble Supreme Court of India published in AIR 2010 SC 90 in Civil Appeal no.7687 of 2004 wherein Hon’ble Apex Court held that where there is a special remedy provided in Sec 7B of the Indian Telegraph act regarding disputes in respect of telephone bills then the remedy under C.P. Act is by implication barred and this Verdict was further reiterated by the Hon’ble National Commission in Revision Petition no.1703 of 2010 against the order dt.10.2.10 in Appeal no.295 of 10 and the Hon’ble National Commission was pleased to observe that any dispute between the subscriber of the telegraph authority can be resolved by taking recourse of arbitration proceeding only and also highlighted the judgment of Hon’ble Supreme Court and observed that the judgment of the Hon’ble Supreme Court is binding on all the subordinate courts.
Now on scan of the pleading of the parties and as well as on perusal of the materials on record we find that there is a billing dispute very much apparent on the face of the record and in view of the decision referred to above we are of the view that the instant case is not maintainable and entertainable by this Forum.
Hence, ordered,
That the petition of complaint stands dismissed on contest.
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MEMBER PRESIDENT
