BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 10/02/2014
Date of Order : 27/03/2014
Present :-
Shri. A. Rajesh, President.
Smt. V.K. Beena Kumari, Member.
C.C. No. 79/2014
Between
Philip Thomas, | :: | Complainant |
S/o. Late M.t. Philip, Meppurathu Veedue, Keezhukara, Kozhenthery – 689 641, Pathanamthitta Dist. | | (By Adv. C. Sivadas, Room No. 350, KHCAA Complex, High Court. P.O. - 682 031.) |
And
1. Reliance Communications Ltd., | :: | Opposite Parties |
Rep. by its Chairman and Managing Director, Reliance Communication Ltd., Dheerubai Ambani Knowledge City, New Mumbai – 400 079. 2. The Customer Care Officer, M/s. Reliance Communication Ltd., M.G. Road, Ernakulam, Kochi – 682 035. | | (Notice not sent) |
O R D E R
A. Rajesh, President.
1. Complainant represented. Heard the counsel. This complaint is preferred by the complainant against the opposite parties alleging deficiency in service and unfair trade practice on the part of the opposite parties in providing hassle free mobile telephone connection.
2. 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 10-10-2010). The ratio laid down by the Apex Court in respect of the dispute under Section 7 B of the Indian Telegraph Act as to the case with the present dispute as well has to be followed.
3. 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 27th day of March 2014.
Forwarded/By Order, Sd/- A. Rajesh, President.
Sd/- V.K. Beena Kumari, Member.
Senior Superintendent.
