Date of filing : 16-10-2012
Date of order : 21-12-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.277/2012
Dated this, the 21st day of December 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Suryanarayana Bhat, } Complainant
S/o. Late.Shankaranarayana Bhat,
Kattadamoole House, Po.Patla.
Kasaragod.Dt.
(In Person)
The Sub Divisional Engineer, } Opposite party
BSNL, Maipady, Po.Madhur, Kasaragod.Dt.
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
The quintessence of the case of the complainant is that his telephone number 04994-240585 remained out of order since 27-4-2012 and opposite party failed to rectify the defects to make it alive even after repeated complaints to different authorities.
According to opposite parties complaint is not maintainable before the Forum in view of Sec 7 B of the Telegraph Act and the matter ought to have relegated to an Arbitrator in view of the Judgment of the Hon’ble Apex Court in the case of General Manager, BSNL V M.Krishnan & Another.
Heard both sides. In view of the judgment of the Hon’ble Apex Court we direct the opposite parties to refer the dispute to a suitable arbitrator within 2 months from the date of receipt of copy of the order. Failing which they shall be liable to pay compensation of `10,000/- to the complainant. No order as to cost.
MEMBER MEMBER PRESIDENT
Pj/