NCDRC

NCDRC

RP/857/2011

MEHAR SINGH - Complainant(s)

Versus

M/S. VODAFONE ESSAR SOUTH LTD. (FORMERLY M/S. HUTCHSON ESSAR SOUTH LTD.) & ANR. - Opp.Party(s)

MR. RAVINDER N. SHARMA

11 Sep 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 857 OF 2011
 
(Against the Order dated 08/12/2010 in Appeal No. 336/2010 of the State Commission Chandigarh)
1. MEHAR SINGH
Resident of House No. 4529/B, Sector 46-B
Chandigarh
...........Petitioner(s)
Versus 
1. M/S. VODAFONE ESSAR SOUTH LTD. (FORMERLY M/S. HUTCHSON ESSAR SOUTH LTD.) & ANR.
C-131, Industrial Area, Phase-8
Mohali
Punjab
2. THE VODAFONE STORE, VODAFONE
SCO No. 487-88, Sector 35-C
Chandigarh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :NEMO
For the Respondent :
Mr. Ajit Kumar Singh, Advocate

Dated : 11 Sep 2014
ORDER

 

          As per office report, the Petitioner has not been served.  However, having regard to the issue involved in this Revision Petition, we are inclined to allow the Revision Petition; we deem it unnecessary to issue fresh notice to the Petitioner.

          This Revision Petition is directed against order dated 08.12.2010, passed by the State Consumer Disputes Redressal Commission, UT Chandigarh (for short “the State Commission”) in Appeal No. 336/2010.  By the impugned order, the State Commission has reversed order dated 16.07.2010, passed by the District Consumer Disputes Redressal Forum-II, UT Chandigarh (for short “the District Forum”) in Complaint No. 1430/2009.  The State Commission has held that, in view of the decision of the Hon’ble Supreme Court in General Manager, Telecom Vs. M. Krishnan & Anr. [(2009) 8 SCC 481], wherein it has been held that any dispute regarding non-payment of telephone bill will not fall within the ambit of the Consumer Protection Act, 1986, the complaint, alleging deficiency in service on account of non-activation of a mobile connection, was not maintainable.

          A similar issue had come up for consideration of this Commission in Revision Petition No. 1228 of 2013.  Taking note of the letter dated 24.01.2014, issued by the Government of India, Ministry of Communication and IT, wherein it was clarified that in view of hiving off of telecom services into a separate company, section 7B of the Telegraph Act had no application, vide order dated 02.05.2014 this Commission has held that such complaints were maintainable before the Consumer Fora.

          Following the said order, we set aside the impugned order and restore the First Appeal No. 336/2010 to the file of the State Commission for fresh adjudication on merits.  Since the matter relates to the year 2009, we would request the State Commission to dispose of the Appeal as expeditiously as practicable.

          The parties/their counsel are directed to appear before the State Commission on 30.10.2014 for directions.

          The Revision Petition stands disposed of in the above terms. 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINAY KUMAR
MEMBER

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