DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

BATHINDA (PUNJAB)

CC No. 457 of 01-10-2010

Decided on : 11-10-2010

Gurvinder Singh S/o Sh. Gurdev Singh R/o V.P.O. Mehma Sarja, Bathinda

.... Complainant

Versus

The General Manager, B.S.N.L. GMTD, Bharat Nagar Exchange, Bibiwala Road, Bathinda.

..... Opposite party

Complaint under Section 12 of the Consumer Protection

Act, 1986.

 

QUORUM

Ms. Vikramjit Kaur Soni, President

Dr. Phulinder Preet, Member

Sh. Amarjeet Paul, Member

For the Complainant : Complainant in person.

For the Opposite party : Not summoned.

O R D E R

VIKRAMJIT KAUR SONI, PRESIDENT

1. The complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986, against General Manager, Bharat Sanchar Nigam Limited alleging therein that his telephone No. 0164-2169825 is not working since 10th January, 2010. He made many complaints regarding the same. He also complained that his phone failed due to non-charging of battery.

2. We have heard the complainant in person at length and also gone through the record placed on file.

3. The complainant has filed this complaint against B.S.N.L. The complaints against G.M. B.S.N.L are not covered under Consumer Protection act, 1986 as the same falls under Section 7-B of the Indian Telegraph Act, 1885. The support can be sought by the law laid down by the Hon'ble Supreme Court in case titled General Manager, Telecom Vs. M. Krishnan & Anr 2009(III) CPJ 71 (SC) wherein it is held and the definition of Section 7-B of the Indian Telegraph Act, 1885 is reproduced as under :-

   “ Section 7B. Arbitration of Disputes -

   (1) Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person or whose benefit the line, appliance or apparatus is, or has been provided, the dispute shall be determined by arbitration and shall, for the purpose of such determination, be referred to an Arbitrator appointed by the Central Government either specifically for the determination of that dispute or generally for the determination of disputes under this section.

   (2) The award of the Arbitrator appointed under Sub section (1) shall be conclusive between the parties to the dispute and shall not be question in any Court.”

   Section 7B of the Indian Telegraph Act, 1985 is applicable if a dispute arises between the telegraph authority and the person for whose benefit the line/appliance or apparatus was or was being provided.

   The telegraph authority has been defined in Section 3(6) of the Indian Telegraph Act, 1885 as under :-

   “3(6) 'telegraph authority' means the Director General of Posts and Telegraphs, and includes any officer empowered by him to perform all or any of the functions of the telegraph authority under this Act.”

   Similarly the word “telegraph” has been defined in Section 3(1) of the Indian Telegraph Act, 1885 as under :-

   “3(1) 'telegraph' means any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electro-magnetic emissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means.”

   Similarly “telegraph line” has been defined in Section 3(4) of the Indian Telegraph Act, 1885 as under :-

   “3(4) “telegraph line” means a wire or wires used for the purpose of a telegraph, with any casing, coating, tube or pipe enclosing the same, and any appliances and apparatus connected therewith for the purpose of fixing or insulating the same.”

4. In view of above discussion, this Forum is of the considered view that the cases against B.S.N.L. cannot be tried and decided under Consumer Protection Act, 1986 as the said disputes shall be determined by arbitration. Hence, this complaint, being not maintainable before this Forum, is hereby dismissed in limine with no order as to costs and the complainant is at liberty to seek the redressal of his grievances from the court/ authority of appropriate jurisdiction, if law so permits.

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

Pronounced :

11-10-2010 (Vikramjit Kaur Soni)

President

(Dr. Phulinder Preet)

Member

(Amarjeet Paul)

Member