D.of.F:16/12/2011
D. of O: 23/4/2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.346/2011
Dated this, the 23rd day of April 2012
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.BEENA.K.G : MEMBER
Venkatramana Bhat.K, :
S/o Karuvaje Ganapathi Bhat, : Complainant
Dharmathadka House, Po. Dharmathadka,
Kasaragod. :
(Adv.Shivashankar Bhat,Kasaragod)
1. The General Manager, BSNL,
Kannur Telecommunications, Po.Kannur. :
2. The Asst. Engineer,
Dept. of Telecommunications, Uppala Section,:
Po.Uppala, Kasaragod.
(in person)
ORDER
SRI.K.T.SIDHIQ : PRESIDENT
This complaint is filed alleging deficiency in service on the part of opposite parties. According to complainant his telephone No. 263771 coming under Uppala Exchange has been completely dead since six months and the telephone cable had broken in several places. Inspite of several complaints to the authorities they are not cared to set right the telephone connection. Hence the complaint.
2. According to opposite parties , the complaint is not maintainable before the Fora in view of the judgment of Hon’ble Supreme Court in Civil Appeal No.7687/2004 in the case of General Manager Telecom vs. M.Krishnan & Anr.. As per that the only remedy available to a telephone subscriber is to approach arbitrator as per Sec 7B of the Telegraph Act 1885.
In view of the above judgment, we direct the opposite parties to refer the dispute of the complainant to a suitable arbitrator within 2 months from the date of receipt of copy of order . Failing which they shall liable to pay sum of Rs.5000/- as compensation the complainant.
MEMBER MEMBER PRESIDENT