BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 21^st day of December 2013

Filed on : 03/04/2012

PRESENT:

Shri. A. Rajesh, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member

CC. No. 220/2012

Between

Gopalakrishnan T.K., : Complainant

Res. At MIG 99, Solidarity Lane, (By Adv. Surya J,

Gandhinagar, Kadavanthra P.O., Menon & Menon, SRM Road,

Kochi-682 020. Kochi-18)

Vs

1. Reliance Communications Ltd., : Opposite parties

Rep. by its Managing Director,

A&P ARCADE, 2^nd Floor, SA Road, (By Adv. George Cherian Karippa-

Kadavanthara, Kochi-682 016. Parambil, Karippaparambil Asso-

Ciates, HB 48, Panampilly

Nagar, Kochi-682 036)

2.Reliance Communications Ltd.,

(Registered Office) rep. by its

Managing Director, ‘H’ block,

1^st floor, DARC,

Navi Mumbai-400 709.

O R D E R

A Rajesh, President.

This complaint is preferred by the complainant against the opposite parties alleging deficiency in service on the part of the opposite parties in providing hassle free internet connection. The opposite parties filed objection vehemently refuting the averments of the complainant.

2. Thereafter the parties were called upon to adduce their evidence and accordingly the complainant was examined as PW1 and Exts. A1 to A7 were marked on his side. Neither oral nor documentary evidence was adduced by the opposite parties. Heard the learned counsel for the parties.

3. In General Manager Telecom Vs. M. Krishnan and Anr AIR 2010 SC 90, the Hon’ble Apex Court held that since special remedy has been provided under Section 7 B of the Indian Telegraph Act in respect of such disputes, the consumer Fora have no jurisdiction to deal with the dispute pertaining to telephones and telegraphic activities. This view has been confirmed by the Apex Court in a later case of Prakash Varma Vs. Idea Cellular Ltd & Anr. (SLP Civil No. 24577/2010 dated 01-10-2010). The ratio laid down by the Hon’ble Apex Court in respect of the dispute under Section 7B of the Indian Telegraph Act as to the case with the present dispute as well has to be followed and there should not be any doubt about it.

4. In the above circumstances the proceedings in this complaint stands closed with a direction to the complainant to receive back the complaint and the related documents to be submitted before the appropriate authority if so advised.

Pronounced in the open Forum on this the 21^st day of December 2013.

Sd/-A. Rajesh, President.

Sd/- Sheen Jose, Member.

Sd/-Beena Kumari V.K., Member.

Forwarded/By Order,

Senior Superintendent.