2/5A, Judges Court, Kolkata-700027. ---------- Opposite Party
Present : Sri S. K. Majumdar, President.
Smt. Jhumki Saha, Member.
Sri T.K. Bhattacharya, Member
Order No. 3 2 Dated 1 9 / 0 3 / 2 0 1 0 .
Complainant Sri Anil Kumar Parolia by filing a petition of complaint u/s 12 of the C.P. Act (amended) on 4.5.06 as prayed for issuing direction upon the o.ps. to withdraw the telephone no.22482092 in terms of his letter dt.2.3.06 and for further issuing direction upon the o.p. for checking the telephone bill of the said telephone for October, 2005 of Rs.5336, November, 2005 of Rs.4961 and to raise a rectified bill after adjusting the actual amount of the bills and to refund the excess amount paid by the complainant for the said two bills and to refund the security deposit along with interest for the said telephone. Another direction has also been sought for to check the telephone bills by o.p. no.1 raised during the period when outgoing facility with effect from December, 2005 for non payment of disputed bill etc.
But on 18.11.09 in their addition al written argument, the o.ps. have contended that the dispute regarding bills which has been alleged in the petition of complaint this forum is not a competent authority to decide the question and to give relief to the complainant because the matter should be finally disposed of by the arbitrator as provided u/s 7B of the Indian Telegraphic Act, 1885. In this regard they have also referred a decision reported in Civil Appeal no.7687 of 2004 wherein it has been clearly stated which runs as follows : “In our opinion when there is a special remedy provided in Section 7B of Indian Telegraphic Act regarding disputes in respect of telephone bills, then the remedy under the Consumer Protection Act is by implication barred”. This being the position of law, we are unable to accept the contention of the complainant by issuing direction upon the o.ps. as contained in prayer portion of his petition of complaint. The matter is to be decided by the arbitrator as provided u/s 7B of the Indian Telegraphic Act and accordingly, the case is dismissed and disposed of from this forum.
Supply certified copy of this order to the parties on payment of prescribed fees.
