Date of Filing : 01.09.2010
Date of Order : 08.07.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 8th JULY 2011
PRESENT
Sri. S.S. NAGARALE, B.A., LL.B. (SPL) …. President
Smt. D. LEELAVATHI, M.A., LL.B. …. Member
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 2038/2010
Sri. M.N. Krishnappa,
S/o. Narasimhaiah,
Presently at No. 132, I Floor,
Vinayaka Extension,
Dasanapura, Bangalore North Taluk,
Bangalore Dist.
And also R/at:
No. 168, 4th Main, N.H. Colony,
Subhedharpalya, Yeswanthapura,
Bangalore – 560 022. ……. Complainant
V/s.
The Airtel Authority,
Customer Relationship Center,
No. 45/1, Ground Floor,
Near Gulf Oil Corporation, Tumkur Road,
Industrial Suburb, Yeswanthpur,
Bangalore – 560 022.
Rep. by its Authorised Manager. …… Opposite Party
ORDER
(By the President Sri. S.S. Nagarale)
This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986, seeking direction to the OP to refund Rs.300/- paid towards charges of changing the prepaid plan to post paid plan together with interest @ 21% P.A. from 28.06.2010 till date of realization and payment of Rs.5,000/- spent for visiting the OP for more than 20 times and also compensation of Rs.1,55,000/-.
2. OP filed the version stating that Complaint is not maintainable before this Hon’ble Forum in view of the judgement rendered by the Hon’ble Supreme Court in Civil Appeal No. 7687/2004 dtd. 01.09.2009 in the matter between General Manager, Telecom v/s. M.Krishnan & another reported in 2009 AIR SCW 5631. As per the said judgement, remedy available for the Complainant is u/s 7-B of the Indian Telegraph Act and matter shall be adjudicated by the Arbitrator. Therefore, OP prayed to dismiss the Complaint.
3. Arguments are heard.
4. Point for consideration is whether the Complaint is maintainable?
REASONS
5. This Forum and Hon’ble State Commission taken a view that the Complaint against Telecom Services is not maintainable in view of the judgement of Hon’ble Supreme Court reported in 2009 AIR SCW 5631. As per the above judgement, dispute between the subscriber and its Telecom Service provider shall be resolved by arbitrator appointed u/s. 7-B of the Indian Telegraph Act. Hon’ble Supreme Court had given finding that Consumer Forums have no jurisdiction to entertain the Complaint against the Telecom Companies in respect of the deficiency of service alleged against them. Remedy open to the subscriber is to request resolution of the dispute through arbitration as per section 7-B of the Indian Telegraph Act. Under these circumstances, the present dispute raised by the Complainant is in respect of refund of amount of Rs.300/- towards change of plan from prepaid to post paid. This type of dispute definitely can be resolved u/s. 7-B of the Indian Telegraph Act through Arbitration proceedings and adjudication. Therefore, in view of the judgement of Hon’ble Supreme Court, the present Complaint is not maintainable before this Fora. In the result, I proceed to pass the following:
ORDER
Complaint is dismissed as not maintainable.
Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 8th day of July 2011.
Order accordingly
PRESIDENT
We concur the above findings
MEMBER MEMBER
