KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 280/2008

JUDGMENT DATED:  07-10-2009

PRESENT:

JUSTICE SRI. U.R. UDAYABHANU                 :  PRESIDENT

SMT. VALSALA SARANGADHARAN             :  MEMBER

1.      J.T.O. Beemanadi Exchange,                  :   APPELLANTS

          Beemanadi BSNL.

2.      Divisional Engineer,

          BSNL, Nileshwar.

3.      General Manager,

BSNL, Kannur.

 (Rep. by Counsel Sri. Mathews K. Philip)

                          Vs

Mathew P.J.,                                                       :   RESPONDENT

S/o Joseph Omananganam,

K.U.P.W. 4/443, Berikkulam P.O.

Parappa (Via), PIN - 671533.

JUDGMENT

SMT.VALSALA SARANGADHARAN   :  MEMBER

            The above appeal is preferred from the order dated 30-07-2008 of CDRF, Kasaragod in CC No. 36/07.  The complaint therein was filed by the respondent herein as complainant against the appellants as opposite parties whereby the Forum directed the Ist opposite party to provide land line telephone connection to the complainant after collecting security deposit and also directed the opposite parties to pay Rs. 2,000/- towards cost to the complainant.

2.         It is aggrieved by the non-execution of the demand for land line telephone connection, the complainant filed complaint before the Forum.

3.         We heard the learned Counsel for the appellants.  There was no representation for the respondent.  The learned Counsel for the appellants/opposite parties submitted that the Forum below had no jurisdiction to entertain the complaint therein by virtue of the judgment passed by the Hon’ble Supreme Court in General Manager, Telecom Vs. M.Krishnan & Another reported in III 2009 CPJ 71 (SC).  In the aforesaid reported decision it has been held by the Hon’ble Supreme Court that the provisions of Section 7B of Indian Telegraph Act regarding arbitration procedure prescribed therein is to be invoked with respect to the disputes in respect of the alleged deficiency in service on the part of the BSNL or in respect of the telephone bills.  In the light of the aforementioned decision (supra) rendered by the apex court, it is to be held that the Forum below had no jurisdiction to entertain the complaint in CC. 36/07 and the complainant therein ought to have invoked the provisions of 7B of the Indian Telegraph Act.  In the circumstances the impugned order passed by the Forum below is liable to be quashed.  Hence we do so. 

In the result the impugned order dated 30-07-2008 in CC No. 36/07 of CDRF, Kazaragod is set aside.  The appellants/opposite parties are directed to refer the matter for Arbitration.   The complainant is entitled to get the period spent for this proceedings excluded from the limitation period for initiating appropriate proceedings before the arbitrator as stated above.

The appeal is disposed of with the above directions.

      VALSALA SARANGADHARAN   :  MEMBER

                                        JUSTICE U.R. UDAYABHANU      :  PRESIDENT

Sr.