The complaint is filed by disputing the bill issued by BSNL. In the light of latest Supreme Court decision the respondents challenged the maintainability of the complaint. So we heard the maintainability. According to the respondent the new Supreme Court ruling bars the jurisdiction of Consumer Foras to proceed with this complaint. In the decision the Hon’ble Supreme Court held that when there is a special remedy provided in Section 7(B) of Telegraph Act regarding disputes in respect of telephone bills, the remedy under Consumer Protection Act is by implication barred. In the reported decision it is specifically discussed about the dispute in respect of telephone bills also. It is held that when there is a special remedy provided in Section 7(B) of the Indian Telephone Act regarding disputes in respect of telephone bills, the remedy under the Consumer Act is barred.   Since Consumer Act is a general law and the Indian Telegraph Act is a special law, it is undoubtful that special law overrides the general law. The present case is filed by challenging the telephone bill issued by BSNL and definitely the dispute comes under the Telegraph Act and Section 7(B) bars the jurisdiction of Consumer Fora to adjudicate the case. So the complaint is found not maintainable. The complainant is at liberty to approach the proper forum.

 

 

 

 

 

                Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 26^th day of November 2009.