West Bengal

Paschim Midnapore

CC/38/2015

Ranjan Manna - Complainant(s)

Versus

The Bharati Airtel Limited - Opp.Party(s)

11 Sep 2015

ORDER

                                                           DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

       Complaint case No. 38/2015 

 

Ranjan Manna………………………Complainant

Vs.

                                                            The Bharati Airtel Ltd. & ano……………….Op/Ops.                                                         

 

 Order No.11.                                                                                       Dated : 11/09/2015

  Both parties file haziras.  The case record is taken up for passing order.  Perused the case record.

   This hearing arises out of an application dated 27/07/15 filed by opposite parties nos.1 & 2 praying for dismissal of the present complaint being non maintainable in the light of provision under Section 7B of the Indian Telegraph Act read with Section 3 of the Consumer Protection Act.  By filing the said petition, the opposite parties have stated that they are carrying on business as per the Telecom License issued by the Department of Telecommunication, Ministry of Communication and IT, Government of India, under Section 4(1) of the Indian Telegraph Act 1885. Opposite party no.2 is working for gain at opposite party no.1 as Zonal Business Manager.  The complainant is the retailer of the opposite parties engaged under the authorized distributor of this opposite parties to promote and sell the product and service of the opposite parties in the name and style of M/s Sandha Mobile.  It is stated that in view of Section 7B of the Indian Telegraph Act, the present complaint is not maintainable and this Forum has no jurisdiction to entertain the instant complaint.  According to the opposite parties, said section 7B of the Indian Telegraph Act provides for resolution of Consumer Disputes through arbitration and the remedy under the Consumer Protection Act is by implication barred.  In support of such contentions, the opposite parties have cited several decisions of the Hon’ble Courts and Consumer Disputes Redressal Commissions in their said petition.

                   Complainant has filed a w/o against such petitions of the opposite parties regarding non maintainability of the complaint case.  It is stated by the complainant in

Contd………………P/2

 

 

 

( 2 )

his written objection.  That Section 7B of the Indian Telegraph Act is not applicable in this present case in as much as the complainant has prayed the relief for deficiency in service on the part of the opposite parties.

                    We have gone through the respective pleadings of the parties and the decisions of the Hon’ble Court and Hon’ble Commissions.  Admittedly, the complainant is the retailer of the opposite parties engaged under the authorized distributor of the opposite parties to promote and sell the product and service of the opposite parties in the name and style of the Sandha Mobile for its business gain.  The complainant has filed the instant complaint for not resolving Jack Pot Prize despite declining him as winner.  The opposite parties being authorized licensee as per provisions of the Telegraph Act have taken up the position akin to that of Telegraph Authority and as such the provision of Section 7B of the Indian Telegraph Act is very much relevant for the purpose of determining the jurisdiction of the Consumers Court in considering the dispute of similar nature.  So, relying upon the judgement of the Hon’ble Supreme Court in General Manager Telecom vs. Mr. K. Krishnan and another reported in (2009) 8Scc 481 wherein it has been held that any dispute between the subscriber and the Telecom Authorities can be resolved by taking recourse to arbitration proceedings as provided in Section 7B of the Indian Telegraph Act, we are of the view that the present case is not maintainable before this forum and as such

the petition dated 27/07/15 filed by the opposite parties nos.1&2 should be allowed.                                            

                                                   Hence,

                                                                   it is ordered

                                                                                               that the petition dated 27/07/15 filed by opposite parties nos.1&2 is allowed and consequently the present complaint case stands dismissed being non maintainable.

  Dictated & Corrected by me

                    Sd/-                                              Sd/-                                       Sd/-

               President                                       Member                                President

                                                                                                              District Forum

                                                                                                            Paschim Medinipur