In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 44 / 2006 1) Srijit Enterprises Pvt. Ltd., 23/1, Keyatala Lane, Kolkata-29. ---------- Complainant ---Verses--- 1) Reliance Infocome Ltd., 34, J.L. Nehru Road, Kolkata-71. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 1 8 Dated 0 7 / 1 2 / 2 0 0 9 . 1. The instant case arises out of the petition of complaint filed by M/s. Srijit Enterprises Pvt. Ltd., 23/1, Keyatala lane, Kolkata-29 on 20.2.06 against Reliance Infocomm Ltd., E 01, Reliance Greens, Village-Motikhavdi, P.O. Digvijaygram, Dist. Jamnagar (Gujrat)-361140 with its branch office at Reliance House, 34, Jawaharlal Nehru Road, Kolkata-71 with a prayer (a) to direct the o.p. to pay a sum of Rs.4,04,257/- to the complainant for the loss and harassment suffered by them, (b) to direct the o.p. to pay interest @18% p.a., and to pay (c) cost, (d) damages and (e) any other relief or reliefs. 2. Now the moot question which crops up is whether the complainant is a consumer under C.P. Act, 1986. The complainant in its petition of complaint admitted that the complainant is a consultancy firm dealing with consultation of export and import. 3. The complainant took out wireless land phones along with corporate connections for their office directors as per their scheme. 4. That being dissatisfied with the disservice of the o.p. regarding the billing amount the case was lodged. 5. Decision with reasons : The complainant is not a consumer u/s 2(d)(ii) of C.P. act, 1986 since the complainant gave his consultancy service for commercial gain. This apart, the billing dispute in respect of telecommunication, it is stated that when there is a special remedy provided in Section 7B of the Indian Telegraph Act regarding disputes in respect of telephone bills, then the remedy under the C.P. Act is by implication barred. Section 7B of the Telegraph Act prevails vide Civil Appeal no.7687 of 2004 filed in the Hon’ble Supreme Court of India. Hence, ordered, That the case is dismissed from this Forum since the complainant is not a consumer u/s 12 of C.P. Act, 1986. However, the complainant is at liberty to lodge his complain to the proper forum/court. Fees paid are correct. The case is disposed of from this forum. Supply certified copy of this order to the parties on receipt of prescribed fees. ____Sd-_____ _____Sd-_______ MEMBER PRESIDENT | 
