NCDRC

NCDRC

RP/768/2009

ASHOK KUMAR TULSYAN - Complainant(s)

Versus

SUB-DIVISIONAL ENGINEER, BHARAT SANCHAR NIGAM LTD., CHATRA & ORS. - Opp.Party(s)

MR. SANJAY SAMDARSHI & M.K. TRIPATHI

23 Jul 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 768 OF 2009
(Against the Order dated 17/12/2008 in Appeal No. 874/2000 of the State Commission Jharkhand)
1. ASHOK KUMAR TULSYANS/o. Sri Ram Prasad Tulsyan . R/o. Main Road, Chatra P.o. Chatra , P.S- Chatra Chatra Jharkhand ...........Petitioner(s)
Versus
1. SUB-DIVISIONAL ENGINEER, BHARAT SANCHAR NIGAM LTD., CHATRA & ORS.Sub, Divional Engineer , Bharat Sanchanr Nigam Ltd, Chartra Chartra ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. VINAY KUMAR ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 23 Jul 2010
ORDER

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Heard Counsel for the Petitioner who has submitted that the issue of jurisdiction was not raised before any fora below and it cannot be taken up in revision. We are not inclined to agree with Counsel for the Petitioner on this issue. The Apex Court in the case “General Manager, Telecom V/s. M. Krishnan and another (2009) 8 Supreme Court Cases 481,” in paragraphs nos. 5 & 8, has clearly laid down after considering provision of Telegraph Act that the Consumer Fora has no jurisdiction to adjudicate such claims. In view of this, the revision is hereby dismissed with no order as to costs.



......................JR.K. BATTAPRESIDING MEMBER
......................VINAY KUMARMEMBER