Rajasthan

StateCommission

A/1335/2017

Bharat Sanchar Nigam Limited - Complainant(s)

Versus

Tara Chand Soni s/o Late H.L.Soni - Opp.Party(s)

Sweety Mishra

08 Jan 2018

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 1335/2017

 

Bharat Sanchar Nigam Ltd. Near Government Hostel, M.I.Road, Jaipur. Through General Manager & ors.

Vs.

Tara Chand Soni s/o late Sh. H.L.Soni r/o 16, Gulabbadi, Kalwad Road, Jaipur.

 

Date of Order 8.1.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Ms. Sweety Mishra counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the order passed by

 

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the District Forum, Jaipur 2^nd dated 6.9.2017 whereby the claim is allowed against the appellant. The matter has come upon application u/s 5 of the Limitation Act as the appeal is filed with delay of 57 days.

 

In the application no reason has been assigned. Per contra the contention of the appellant is that they were ready to honour the order but thereafter it was decided to file the appeal. Only this much has been said that certified copy was obtained and matter was sent to legal department and looking at the legal position it was decided to file appeal but no reason has been mentioned about the delay. Hence, there is no reason to condone the delay of 57 days and on this ground alone the appeal deserves to be dismissed.

 

Merit has also been considered.

 

The contention of the appellant is that matter cannot be heard by the Consumer Forum and reliance has been placed on the judgment passed by the apex court in Civil Appeal No. 7687/2004 General Manager, Telecom Vs. M.Krishnan where in view of section 7B of the Telegraph Act the apex court has

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held that the Consumer Forum has not having jurisdiction in respect of telephone bills but here in the present case the dispute is not in regard to telephone bills but regarding the service.

 

Further reliance has been placed on the judgment passed by the National Commission in Revision Petition No. 3780/2011 Lokesh Parashar Vs. Idea Cellular Ltd., judgment passed by Chandigarh State Commission in Appeal No. 428/2012 Idea Cellular Ltd. Vs. Ram Singh , judgment passed by Himachal Pradesh State Commission in First Appeal No. 255/2013 Dr.Anil Vs. Air Tel and judgment passed by Chandigarh State Commission in RSA No. 3518/ 2016 ( O &M) General Manager BSNL Vs. Sumehdha Sud.In view of the above contention of the appellant is that claim is not maintainable.

 

Per contra reference was made of the judgment passed by the larger bench of the National Commission in Consumer Case No. 701/2015 Aftab Singh Vs. Emaar MGF Land Ltd. & ors. where it has been held that inspite of arbitration clause the consumer complaint is maintainable and further in view of sec.

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3 of the C.P.Act this act gives remedy in addition to provisions of any other law for the time being in force.

 

Hence, in view of the above the Forum below has rightly allowed the complaint. There is no merit in this appeal not worth admission and stands dismissed on merit as well as on ground of delay.

 

(Nisha Gupta) President

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