NCDRC

NCDRC

RP/566/2010

MURARI KUMAR SINHA - Complainant(s)

Versus

UNION OF INDIA & ORS. - Opp.Party(s)

IN PERSON

06 Dec 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 566 OF 2010
 
(Against the Order dated 16/10/2009 in Appeal No. 259/2007 of the State Commission Bihar)
1. MURARI KUMAR SINHA
M.I.G.-33, Kankarbagh, Lohia Nagar
Patna
...........Petitioner(s)
Versus 
1. UNION OF INDIA & ORS.
Through The Chief General Manager, Telephone, B.S.N.L., Bihar Telecom Cicle, Meghdoot Bhawan
Patna - 800001
2. THE CHIEF GENERAL MANAGER, TELEPHONE DEPARTMENT, B.S.N.L
Bihar Telecom Circle, Meghdoot Bhawan
Patna - 800001
3. THE DIVISIONAL MANAGER (INTERNAL), MECHANICAL
Telephone Department, Rajendra Nagar
Patna
4. THE ACCOUNT OFFICER, TELEPHONE DEPARTMENT
Telephone Building
Patna
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :IN PERSON
For the Respondent :
Mr.Sukumar Pattjoshi, Advocate

Dated : 06 Dec 2010
ORDER

Complainant/petitioner filed the complaint disputing the telephone bills sent to him.  According to him, bills sent were on the higher side.  District Forum allowed the complaint, aggrieved against which the respondent filed an appeal before the State Commission.  State Commission has reversed the order passed by the District Forum and dismissed the complaint.

 

          We need not go into the merits as the point in issue stands concluded against the petitioner and in favour of the respondents by the Supreme Court in General Manager, Telecom vs. M. Krishnan & Anr. – III (2009) CPJ 71 (SC).  In the said case, Supreme Court has held that in view of Section 7B of the Indian Telegraph Act, remedy under the Consumer Protection Act is barred by implication. 

 

          Counsel for the petitioner contends that the aforesaid judgement does not lay down correct law.  Law laid down by the Supreme Court is binding on us and we respectfully follow the same.  Dismissed.

 

          However, the petitioner, if so advised, may seek relief from any other Forum along with an application under Section 14 of the Indian Limitation Act for condoning the delay for the time spent before the consumer fora, keeping in mind the observations made by the Supreme Court in Laxmi Engineering Works vs.PSG Industrial Institute – (1995) 3 SCC 583.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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