public interest litigation,information technology law
prerna goswamy
(Querist) 22 January 2011
This query is : Resolved
hello sir,
i have a moot competition and would like to ask a question regarding it.
i'll explain u my case:
there are two telecommunication firms,in which one is based in america(known as gateway,a hardware and software company) and other in india(known as airtel).america tied up with indian company so as to provide broadband services and opened a new firm by name of gateair.for a year they achieved great heights and earned good money due to there cheap and efficent services being provided in india(providing unlimited download schemes at 1700/month).so users of india left their usual isp's(internet service providers) and used donways isp.but soon after a year, problem started occurring in access to the websites by users of donway in india.hence due to this many users complained and on basis of this complaint telecom regulatory act sent sent a show cause notice to the ceo of donpower(who is running donway and also owing a franchise of apple,software and hardware company in india, but based in america)asking him to give reasons for problems occurring in accessing websites and downloading various other schemes.now there is a pil which is filed by an association called forum for better and open internet.but this pil was dismissed!
so kindly gve information regarding scope of publice interest litigation? and does the forign citizens have right to file pil in our country?
Advocate. Arunagiri
(Expert) 22 January 2011
A foreign citizen staying in India can file a PIL.
But, PIL/Writ can be filed only when there is no suitable remedy is available.
You have referred to a case pertaining to two companies deficiency of service. So, proper order may be obtained from the Civil Court.
Writ / PIL can not be filed.
Let us hope our learned friends also share their opinion.
H.M.Patnaik
(Expert) 03 February 2011
Yes, from the subscriber's point of view, this is a case of deficiency of service and they can comfortably proceed against the ISP ( Service Provider) under the Consumer Protection Act. Unless they exhaust the primary mode of relief made available to them under the law of the land ,they can not directly move the High Court of Judicature in a Writ for infringement of their fundamental rights.
As regards, the entitlement of foreign citizens residing in India to seek redressal of their grievances through Indian law, in my opinion since this is a case of deficiency in service, the consumer is competent to file a case before the appropriate forum for redressal of his greivances irrespective of his citizenship.
