State Consumer Disputes Redressal Commission
Bsnl & Ors vs Milap Chand on 17 September, 2009
H
H.P. STATE
CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA, CAMP AT DHARAMSHALA.
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FIRST
APPEAL NO.122/2006
DATE OF
DECISION: 17.9.2009.
In the matter of:
1.
Bharat Sanchar Nigam Limited and others,
through its Secretary Telecommunication.
2.
The
General Manager, Telecom, District Kangra at
Dharamshala, H.P.
3.
The
S.D.O. (Telephone), Dharamshala, Kangra (H.P.)
. . Appellants.
Versus
Milap Chand
son of Shri Moti Ram,
resident of Kandi Mauza Ghaniara Tehsil Dharamshala, District Kangra,
H.P.
Respondent.
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Honble Mr. Justice Arun Kumar Goel (Retd.), President.
Honble Mrs. Saroj Sharma, Member.
Honble Mr. Chander Shekhar Sharma, Member.
Whether approved for reporting? No For the Appellant: Mr. Rahul Gupta, Advocate.
For the Respondent: Mr. Anubhav Walia, Advocate, with respondent in person who has been identified as such by his learned Counsel.
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O R D E R Justice Arun Kumar Goel (Retd.), President (Oral
1. When hearing in this case commenced, Mr. Gupta, learned Counsel for the appellants drew our attention to the decision of the Honble Supreme Court in Civil Appeal No.(s).7687/2004 titled General Manager, Telecom Versus M. Krishnan & Anr., and other connected appeals, decided on 1.9.2009. According to him, since the dispute between the parties relates to telephone lines as well as providing of apparatus on the landline as claimed by the respondent in his complaint No.75/2005 which was allowed by the District Forum below on 7.4.2006, as such Foras constituted under the Consumer Protection Act, 1986, are precluded from entertaining the disputes between the paties of this nature. Without in any manner either admitting or conceding the claim of the respondent, Mr. Gupta further submitted that remedy if any available to the respondent is by way of approaching the authorities under Section 7-B of the Indian Telegraph Act, 1885.
2. Faced with this judgment, by referring to pleadings of the parties and documents placed by them on the file of Complaint No.75/2005, Mr. Walia submitted that his client is left high and dry and after having been successful in his complaint, he could not reap its fruits. Thus now driving him after more than 4 years to the authorities under Section 7-B of the IndianTelegraph Act, 1885 would not only be unjust but would be too harsh also.
Therefore, he prayed for upholding the impugned order.
3. Be that as it may, fact remains that law declared by the Honble Supreme Court remains the law of the land under Article 141 of the Constitution of India. In these circumstances, we have no option but for allowing this appeal and set aside the order passed by District Forum, Kangra at Dharamshala, in Complaint No.75/2005 on 7.4.2006. Ordered accordingly and as a result of it, the said complaint stands dismissed. However, even while dismissing the complaint, it is held that respondent will be well advised to approach the authorities under Section 7-B of the Indian Telegraph Act, 1885, for redressal of his grievance, if any, in accordance with law and in such a situation, appellants shall be precluded from contesting his claim on the plea of limitation in the face of the fact that he was bonafide prosecuting the proceedings before the For a under the Consumer Protection Act, 1986.
All interim orders passed in this appeal from time to time shall stand vacated forthwith.
The entire amount lying in deposit with up-to-date interest will be remitted by the office to appellant No.2 as stated by Mr. Gupta.
Learned Counsel for the parties submitted that copy of this order may be sent to them at their address, District Courts, Dharamshala, District Kangra.
Prayer allowed. Office will do the needful by sending copy of this order free of cost as per rules.
Dharamshala, September 17, 2009.
( Justice Arun Kumar Goel ) (Retd.) President ( Saroj Sharma ) Member /BS/ ( Chander Shekhar Sharma ) Member