By  Smt.Padmini Sudheesh, President :

          The complaint is filed against the respondent to stop the alleged illegal activity of deducting more money from the customers against the promise made and compensation.  It is the case that the complainant  availed a plan on 19/4/13 by making a payment of Rs.41/-.  As per the plan the complainant is permitted to make phone calls at the rate of  Rs.1.2 paise for each two seconds for a period of 30 days.  The complainant opted the plan in order to  use a lot of calls within a short span of time.  But the respondent deducted an amount of Rs.1.5 paise per two each two seconds from the credit.  This act of respondent is challenging by the complainant.  The respondent appeared and application filed to hear the maintainability of the complaint and dismiss the same.

          2. According to respondent the Forum has no jurisdiction to entertain the complaint as per the decision of Hon’ble Supreme Court in Prakash Vs. Idea Cellular Ltd. and another reported in 2011 CTJ 489 SC  and as per Supreme Court decision reported in 2009(8) SCC 481.  According to respondent since  the dispute is between the subscriber and telegraph authority it can be  resolved by taking recourse to arbitration proceedings only.  The complainant filed objection to the effect that since the act of respondent is unfair trade practice the Forum has ample jurisdiction to consider the same.

          3. We heard both sides.  As stated by respondent it is seen that the complaint is hit by Section 7(B) of Indian Telegraph Act.  It is held by our Hon’ble Supreme Court in  civil appeal No.7687/04 that when there is  special remedy provided regarding  disputes in respect of telephone bills etc. then the remedy under Consumer Protection Act is by implication barred.  The arbitration proceedings is the proper remedy and the complainant should approach the arbitrator.  The respondent produced the  rulings of Hon’ble National Commission and  Kerala State Commission in support of their arguments.  It is found that the complaint is not maintainable before the Forum.  Hence dismissed.

           Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 10^th  day  of July        2014.