KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

            APPEAL NO:417/2010

                              JUDGMENT DATED:20-09-2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

SHRI.S.CHANDRAMOHAN NAIR                    : MEMBER

1.         District Officer,

IDEA Mobile Communictions Limited,

Casino Compled, TB Road, Thrissur.

2.         Issac Thomas,

Nodal Officer, IDEA Cellular Limited,                : APPELLANTS

Mercy Estate, Ravipuram, M.G.Road,

Kochi.

3.         IDEA Mobile Communications Limited,

IDEA Cellular Limited,

A—30, Mohan Co-operative Estate,

Mathura Road, New Delhi.

(By Adv:Sri.Prabhu Vijayakumar)

            Vs.

P.Sankarankutty, Porakkat House,

Thalore. P.O, Thrissur District.                           : RESPONDENT

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellants are the opposite parties in CC.224/09 in the file of CDRF, Thrissur.  The matter relates to the complaint filed alleging deficiency of service that the talk time of one month was not provided as offered and also as the battery of the mobile phone has become defective.  The opposite parties/appellants had disputed the maintainability on the basis of the decision of the Supreme Court in General Manager, Telecom Vs. M.Krishnan and Another, (2009 (8)SCC 481).

2. We find that the Forum has rightly held that with respect to the matter involved the decision of the Supreme Court is not applicable.  Opposite parties/appellants are private operators.  In the circumstances we find that there is no scope for admitting the appeal.  The appeal is dismissed in-limine.

Office will forward copy of this order to the Forum.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

S.CHANDRAMOHAN NAIR  : MEMBER

VL.