NCDRC

NCDRC

RP/805/2007

WAMANRAO BAJIRAO TONGE - Complainant(s)

Versus

THE GENERAL MANAGER, TELECOM BSNL - Opp.Party(s)

MR. SUDHIR T. DHURWEY

04 Aug 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 805 OF 2007
 
(Against the Order dated 13/11/2006 in Appeal No. 1627/2003 of the State Commission Maharastra)
1. WAMANRAO BAJIRAO TONGE
R/O. POST , DHAMNA ROHNA TAH, S , DISTRICT , NAGPUR
NEAR SONALI FARM NAGPUR
AMRAVATI ROAD NAGPUR
...........Petitioner(s)
Versus 
1. THE GENERAL MANAGER, TELECOM BSNL
TELEPHONE DEPARTMENT , NAGPUR
-
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. K. BATTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Petitioner :
Mr. S.T. Dhurvey, Advocate
For the Respondent :
Mr. Vishal H. Meshram, Advocate

Dated : 04 Aug 2011
ORDER

          Counsel for the parties present.  With the consent of both the parties, the revision is taken up for final hearing.

The complaint filed by the petitioner for non-installation of telephone connection has been rejected by the fora below.  

We may at this stage point out that the Hon’ble Apex Court in General Manager Telecom Vs M. Krishna & Anr. [(2009) 8 SCC 481] has held that consumer fora have no jurisdiction to decide the matters under the provisions of section 7-B of the Indian Telegraph Act, 1985.  It has been held herein that when there is a special remedy provided in section 7-B of the Telegraph Act regarding any dispute, the remedy under the Consumer Protection Act is by implication barred.  The said judgement of the Hon’ble

Apex Court has been followed by this Commission in Prakash Verma Vs Idea Cellular Ltd. & Anr., (RP 1703/2010 dated 21.05.2010).  In view of this, the revision cannot be entertained and, thus, the same is hereby dismissed but with no order as to costs.

 

 
......................J
R. K. BATTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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