NCDRC

NCDRC

RP/1596/2011

USHA SONI - Complainant(s)

Versus

VODAFONE ESSAR SOUTH LTD. & ORS. - Opp.Party(s)

IN PERSON

11 Sep 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1596 OF 2011
 
(Against the Order dated 15/03/2011 in Appeal No. 1/2011 of the State Commission Punjab)
1. USHA SONI
HOUSE NO-141, GURU NANAK PURA , CIVIL LINES , BACK SIDE KAILASH CINEMA
LUDHIANA
PUNJAB
...........Petitioner(s)
Versus 
1. VODAFONE ESSAR SOUTH LTD. & ORS.
MALL RAOD
LUDHIANA
PUNJAB
2. SH VIKRAM BAINS , NODEL OFFICERS VODAFONES ESSAR
SOUTH LIMITED , C-131 , INDRUSTRIAL AREA, PHASE-8,
MOHALI
PUNJAB
3. SH SUDIPTA KUMAR, GENERAL APPELLATE AUTHORITY, VODAFONE ESSSAR SOUTH LIMITED
C-131, MOHALI INDRUSTRAIL AREA, PHAE-8
MOHALI
PUNJAB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Ms. Ranjana Soni, Daughter of the Petitioner
For the Respondent :
Mr. Ajit Kumar Singh, Advocate

Dated : 11 Sep 2014
ORDER

 

          This Revision Petition is directed against order dated 15.03.2011, passed by the Punjab State Consumer Disputes Redressal Commission at Chandigarh (for short “the State Commission”) in First Appeal No. 1 of 2011.  By the impugned order, the State Commission has reversed order dated 15.11.2010, passed by the District Consumer Disputes Redressal Forum at Ludhiana (for short “the District Forum”) in the complaint preferred by the Respondents.  The State Commission has held that, in view of the decision of the Hon’ble Supreme Court in General Manager, Telecom Vs. M. Krishnan & Anr. [(2009) 8 SCC 481], wherein it has been held that any dispute regarding non-payment of telephone bill will not fall within the ambit of the Consumer Protection Act, 1986, the complaint, alleging deficiency in service on account of non-activation of a mobile connection, was not maintainable.

          A similar issue had come up for consideration of this Commission in Revision Petition No. 1228 of 2013.  Taking note of the letter dated 24.01.2014, issued by the Government of India, Ministry of Communication and IT, wherein it was clarified that in view of hiving off of telecom services into a separate company, section 7B of the Telegraph Act had no application, vide order dated 02.05.2014 this Commission has held that such complaints were maintainable before the Consumer Fora.

          Following the said order, we set aside the impugned order and restore the First Appeal No. 1 of 2011 to the file of the State Commission for fresh adjudication on merits.  Since the said appeal relates to the year 2011, we would request the State Commission to dispose of the Appeal as expeditiously as practicable.

          The parties/their counsel are directed to appear before the State Commission on 30.10.2014 for directions.

          The Revision Petition stands disposed of in the above terms.

 
......................J
D.K. JAIN
PRESIDENT
......................
VINAY KUMAR
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.