Kerala

StateCommission

A/14/302

junior telecom officer - Complainant(s)

Versus

K A anto - Opp.Party(s)

Mathews k philip

30 Jan 2015

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

 

APPEAL NO.302/2014

JUDGMENT DATED 30/01/2015

 (Appeal filed against the order in CC No.530/09 on the file of CDRF, Thrissur dated, 17/10/2013)

 

PRESENT:

 

SMT. A. RADHA                             :     MEMBER

SHRI. K. CHANDRADAS NADAR :    JUDICIAL MEMBER

 

APPELLANTS:

 

1. Junior Telecom Officer, Telephone Exchange,

BSNL, Kandasamkadavu, Thrissur.

 

1. General Manager, Telecom, BSNL, Thrissur.

 

(By Advs:  M/s. Mathews K. Philip & Others)                   

 

                   Vs

 

RESPONDENT:

 

          K.A. Anto, Managing Partner,

Enamakkal Trades, Kandassamkadavu P.O.,

Thrissur.

 

 JUDGMENT

 

SMT. A. RADHA  :  MEMBER

 

          This appeal is preferred against the order in C.C.No.530/2009 on the file of CDRF, Thrissur by the opposite parties.

          2.  The dispute in the case is with regard to the delay in rectifying the defects in the Telephone lines which caused loss to the complainant to the tune of Rs.50,000/-.  The complainant alleged deficiency in service on the part of opposite parties and filed this complaint.

          3.  The opposite parties filed version challenging the jurisdiction of Consumer Forum. The Forum Below ignored the maintainability question and found deficiency in service on the part of opposite parties.

          4.  The counsel for the appellant submitted that the observations made by the Hon’ble Supreme Court in the case of General Manager, Telecom Vs. M. Krishnan Nair and Another (2009 KHC 4906 SC) that the Telegraph Act is a Special Act and the provision Under Section 7B regarding disputes in respect of telephone bills override the remedy under the Consumer Protection Act.  Rule 413 of Telegraph Rules provides that all services relating to Telephone are subjected to Telephone Rules.  In the light of the observation made by Hon’ble Supreme Court the Forum Below lacks jurisdiction to entertain any dispute coming under the Telephone Act.  Hence the order of the District Forum is to set-aside.

          5.  On going through the documents and on hearing the counsel we have no hesitation to hold that the District Forum has no jurisdiction to adjudicate a case coming under Telephone Act.  It is well settled in the observations made by the Hon’ble Supreme Court and hence we set-aside the order passed by the Forum Below.  The complainant has to avail the remedy under the Telegraph Act.

          In the result, appeal is allowed setting aside the order passed by the Forum Below.

The office is directed to send a copy of this order to the Forum Below along with LCR.

 

 

A. RADHA          :        MEMBER

 

 

 

K. CHANDRADAS NADAR  :    JUDICIAL MEMBER

 

 

Sa.

 

 

 

 

 

 

 

 

 

KERALA STATE CONSUMER

                                                                  DISPUTES REDRESSAL

                                                           COMMISSION

THIRUVANANTHAPURAM

 

 

 

 

 

 

 

APPEAL NO.302/2014

JUDGMENT DATED 30/01/2015

 

 

 

 

 

 

 

 

Sa.