NCDRC

NCDRC

RP/4411/2009

VANDANA G. BHOSALE - Complainant(s)

Versus

BHARAT SANCHAR NIGAM LTD. & ORS. - Opp.Party(s)

MR. SANJAY J. GAIKWAD

14 Jul 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

REVISION PETITION NO. 4411 OF 2009

(Against the Order dated 03/08/2009 in Appeal No. 23/2009 of the State Commission Maharastra)

1. VANDANA G. BHOSALE R/at: 7th Floor, Trimurti Sangam Co-operative Housing Society,Sangamwadi, Pune-411003	...........Petitioner(s)
Versus
1. BHARAT SANCHAR NIGAM LTD. & ORS. Telephone Bhavan, Bajirao Road, Pune-411002 2. The Account Officer, (Telephone Revenue) (W), 34-35, Veer Savarkar Udyog Bhavan Congress House Road,Shivajinagar, Pune-411002 3. Sub-Divisional Engineer, City Fatex Telephone Exchange Bharat Sanchar Nigam Ltd., Pune-411002	...........Respondent(s)

BEFORE:
	HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
	HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :

MR. SANJAY J. GAIKWAD

For the Respondent :

NEMO

Dated : 14 Jul 2010

ORDER

Heard learned Counsel for the parties. In view of the judgment of the Apex Court in General Manager Telecom vs. M. Krishnan and another (2009) 8 SCC 481, the Fora would not have jurisdiction to deal with the matters inasmuch Telegraph Act being special law over rides general law as held by the Apex Court in the abovementioned judgment. The ruling in Uttarakhand Power Corporation and another vs. APS Sealing Products Ltd. (2009) 9 SCC 701 placed before us by Counsel for the petitioner does not in any manner help the petitioner in the light of the judgment of the Apex Court in General Manager Telecom vs. M. Krishnan and another (supra). The petitioner may seek remedy available to her in accordance with law. In view of this, the revision is hereby dismissed with no order as to costs.

......................J

R.K. BATTA

PRESIDING MEMBER

......................

S.K. NAIK

MEMBER