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. |