Consumer court won’t take your call
SC Says All Telecom Disputes Will Now Be Resolved Under Telegraph Act
The Decision of Hon'ble Supreme Court is as under:
Consumer court won’t take your call
SC Says All Telecom Disputes Will Now Be Resolved Under Telegraph Act:
Publication: Times Of India Delhi; Date: Sep 2, 2009; Section: Times Nation; Page: 7 Dhananjay Mahapatra | TNN
New Delhi: If you are a telephone subscriber and have a dispute with the service provider over an inflated bill or disconnection, then you can no longer rush to the neighbourhood consumer court for quick and cheap redress of your grievance.
For, the Supreme Court on Tuesday ended the jurisdiction of consumer courts to entertain disputes relating to telecom services. It said from now on, these disputes would be resolved through arbitration provided under Section 7B of the Indian Telegraph Act, 1885.
Allowing an appeal filed by Bharat Sanchar Nigam Ltd (BSNL) and agreeing with counsel Haris Beeran’s arguments, a Bench comprising Justices Markandey Katju and A K Ganguly said as the Telegraph Act was a special law, its provisions would prevail over a general law like Consumer Protection Act, 1986.
“It is a settled law that general law must yield to special law,” said the Bench and noted that there was a remedy prescribed under Section 7B of the Telegraph Act for resolution of all disputes regarding telecom through arbitration. The Bench said since there was a specific statutory remedy prescribed, it would oust the jurisdiction of consumer courts.
BSNL, Calicut, had in August 2001 disconnected the telephone of one M Krishnan due to non-payment of bills worth Rs 17,103. Krishnan approached a District Consumer Forum under the Consumer Protection Act. The consumer court on November 16, 2001 ordered restoration of connection and directed BSNL to pay compensation of Rs 5,000.
BSNL then moved Kerala HC challenging the consumer court order. A single Bench of the HC dismissed BSNL’s plea saying it could file appeal against the district forum’s order in the state forum. But the BSNL appealed before a division Bench of HC, which finding merit in the PSU’s plea, referred it to a full Bench. The full Bench on February 14, 2003 dismissed BSNL’s plea. It moved SC challenging HC judgment.
Allowing the BSNL appeal, the SC set aside the concurrent findings of the District Consumer Forum, single Bench as well as the division Bench of the HC to order that henceforth, all disputes relating to telephones would be decided through arbitration provided under the more than century-old Telegraph Act.
Vinod Kumar Saini's Views:
(Section 7B of the Indian Telegraph Act, 1885) Only for Indian Govt./PSU and Telecome Service Providers. There is no provision to provide impartially settlement/judgement for Indian Citizens and Consumers hence its totally beneficial for for Govt./PSUs.
The decision of the Hon'be Supreme Court is One Sided Decision. One of the bad effect of this decision is now all telecome companies are free to discontinue the service and breach the contract any time. No pressure to provide better service to consumers. Everybody know even our Govt. also know that our Govt./PSUs Employees are most currupted employees in the world. As per the Hon'ble Supreme Court's decision, the Arbitrators are their own and the decision also.
I appeal to all Indian Citizens, Telecome Consumers to combat the above decision and save our right to take better service from the telecome operators and telecome service providers. Now the time to awake and standup against the Wrong decision of the Court.
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