consumer protection act
sudhirghabasu
(Querist) 31 December 2010
This query is : Resolved
sir, new year wishes, i need a clarification regarding a consumer case against bsnl. THE FACTS of the case is ,my friend submitted an application to bsnl, Chennai telephones requesting to provide 3 casual lines for a national level convention organized by his organization. The convention was planned to be held on 19.12.2010 to 21.12.2010 he submitted the application on 18.12.2010 itself. casual lines means temporary telephone line provided for particular period of time as required by the applicants. tough he paid the necessary charges the BSNL has not provided the requested telephone connections. Three days of the conference was held without telephone connection hence their communication facility to the attendants was totally paralyzed. so, i want a clarification whether a compliant against BSNL before the consumer redressal forum is maintainable in the wake of SUPREME COURT JUDGMENT or else i have to approach the Hon'ble High Court by way of a writ petition. Please cvlarify.
sudhirghabasu
(Querist) 31 December 2010
consumer case against bsnl
AA RAMAKRISHNAN
(Expert) 31 December 2010
Dear Member:
By making an application and paying the amout will not land you in the corum of a consumer unless they agreed to provide you the service. If you can prove that they agreed for giving the service on the dates as mentioned by you, you are within the ambit of consumer courts. Other legal remedies as usual are available.
Kirti Kar Tripathi
(Expert) 31 December 2010
this is fit case for invoking jurisdiction of consumer court. you may proceed with. you have also filing of civil suit for damages and compensation.
sudhirghabasu
(Querist) 06 January 2011
sir, i learned that the apex court had delivered an order in the year 2009 that any case regarding consumers grievance will not be maintainable before the consumer court and the right forum will be the high court under article 226. the rational behind the said order is telegraphic act is a special act and hence the telegraphic act will have an over riding effect on the consumer protection act. So, please clarify the exact position of law. eagerly awaiting your replies. thanks for your good advice.
