DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.128 of 21-03-2012

Decided on 30-03-2012

Geeta Rani W/o Late Sh. Sham Lal, R/o T-198, Rly. Colony, Bathinda, Tehsil and District. Bathinda, aged about 46 years.

.....Complainant

Versus

Tata Tele Indicom Service, Model Town, Bathinda, through its Manager.

.....Opposite party

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Smt. Vikramjit Kaur Soni, President

Sh. Amarjeet Paul, Member

Smt. Sukhwinder Kaur, Member

Present:-

For the Complainant: Sh.K.S.Bhullar, counsel for the complainant

For opposite party : Not summoned

ORDER

Vikramjit Kaur Soni, President :-

1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended upto date (here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant is holder of telephone connection No.92168-42043, installed in her house. The complainant has alleged that in the month of April, 2011, she requested the opposite party to disconnect her above said connection. On 16.12.2011, she again gave an application to the opposite party in this regard but despite repeated requests of the complainant, the opposite party did not disconnect her telephone connection and now sent the bill of Rs.357.37 to her. Hence, the complainant has filed the present complaint for seeking directions of this Forum to disconnect her above said telephone connection and pay her compensation.

2. The preliminary hearing is given to the complainant. The record placed by the complainant is perused.

3. The complainant has approached this Forum with the greivances against the opposite party that it has not disconnected the telephone connection of the complainant despite her repeated requests. With regard to the disputes among the complainant and mobile/telephone companies, the Hon'ble Supreme Court has laid down the law in case titled General Manager, Telecom Vs. M.Krishnan & Anr., Civil Appeal No.7687 of 2004, decided on 01.09.2009 wherein it has been held :-

   “Consumer Protection Act, 1986, Section 2(d)(g) and (o) and Section 11 – Telegraph Act, 1885, Section 7B – Jurisdiction – Telephone connection of Respondent disconnected for non payment of telephone bill – Respondent filed complaint before Consumer Forum – Held, Consumer Forum has no jurisdiction – There is a special remedy in Section 7B of Telegraph Act regarding disputes in respect of telephone bills – Thus, remedy under Consumer Protection Act is barred by implication – Special law overrides the general law – Order of Consumer Forum restoring the connection and imposing the penalty set aside.”

   Further, the support can be sought by the law laid down by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi in case titled Prakash Verma Vs. Idea Cellular Ltd. & Anr., R.P.No.1703 of 2010, wherein it has been held:-

   “Fora below have dismissed the complaint filed by the petitioner relying upon the judgment of Supreme Court in General Manager Telecom Vs. M.Krishnan & Anr. - (2009) 8 SCC 481 wherein it has been held that any dispute between the subscriber and the telegraph authority can be resolved by taking recourse to arbitration proceedings only.

   The judgment of the Supreme Court is binding on all the subordinate courts. There is no scope for interference. Dismissed.”

   The Hon'ble State Commission, Chandigarh, relying upon the above cited law laid down by the Hon'ble Supreme Court, has given the same view in case titled “Punjab Khaptkar Sangh Vs. Spice Communication Ltd. decided on 07.01.2011.

4. In view of what has been discussed above, the matter regarding the tele communication services is to be decided by the arbitration. Hence, this Forum has no jurisdictoin to try and entertain the present complaint. Thus, this complaint is dismissed in limine without any order as to cost. The complainant is at liberty to approach the appropriate competent authority/ court for the redressal of her greivances.

   A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '

Pronounced in open Forum

30-03-2012

(Vikramjit Kaur Soni)

President

(Amarjeet Paul)

Member

(Sukhwinder Kaur)

Member