D.O.F. 01.11.2014
D.O.O. 06.11.2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Smt. Sona Jayaraman K. : Presiding Member
Sri. Babu Sebastian : Member
Dated this the 6th day of November, 2014.
C.C.No.339/2014
Nandakumar T.V.
S/o. P.U. Chandran
Thekkekkara Choovatta Valiyaveettil
Annur P.O., Payyannur : Complainant
(Rep. by Adv. K. Viswan)
The Manager
Legal and Regulatory
Idea Cellular Limited : Opposite Party
2nd Floor, Mercy Estate
MG Road, Cochin
O R D E R
Smt. Sona Jayaraman K., Presiding Member
Complainant heard on the question of maintainability. The subject matter in issue is the dispute about the non-providing of information of call date records of complainant’s mobile phone, which comes under the service of telegraph authority. The office of the opposite party is at Cochin. The cause of action for the complaint arose when the opposite party refused to provide the call date records, that also at Cochin. There is no whisper in the complaint how this Forum can assume territorial jurisdiction in this matter.
The learned counsel for the complainant vehemently argued that the matter will come under the jurisdiction of the Forum.
As per the decision of the Hon’ble Supreme Court in General Manager, Telecom V. M. Krishnan and another, in Civil Appeal 7687/2004, it was held that “when there is a special remedy provided in the Indian Telegraph Act, then the remedy under the Consumer Forum is impliedly barred.”
As per the decision reported in “I CPJ (2014) 12 A (CN Punj. In Vodafone Essar South Ltd. & another V. Jagadish Kumar” it was held that special remedy provided under Section 7B of Indian Telegraph Act regarding disputes in respect of telephone bills and other services, remedy under the Consumer Protection Act is impliedly barred.
Section 7B of Indian Telegraph Act says “Except as otherwise provided in this Act if any dispute arises between the telegraph authority and the person for whose benefit the line appliance or apparatus is or has been provided, the dispute shall be determined by arbitration, and shell for the purpose of determination be referred to an arbitrator appointed by the Central Govt…….”
Here also the dispute in this complaint will come under the purview of Section 7B of Indian Telegraph Act. Moreover territorial jurisdiction is also outside the limit of this Forum. So we are of the opinion that this complaint is not maintainable before this Forum. Hence this complaint stands dismissed with liberty to seek redressal of the grievance of the complainant before the competent authority in accordance with the law in force. Complaint stands dismissed. No cost.
Sd/- Sd/-
Presiding Member Member
/forwarded by order/
SENIOR SUPERINTENDENT
