Telecom billing issue

please provide complete details with date and the gist of your complaint before the consumer forum, if apossible attach the copy of your complaint and the order of consumer forum

Hi Pandith,

I am attaching the appeal in this post. On admission date in District Consumer Forum it got dismissed saying this does not fall in their Jurisdiction.

Thanks for the reply.

Regards,

Manoj

Hi Pandith,

I am attaching the appeal in this post. On admission date 29-NOV-2013 in District Consumer Forum,Ist Additional Urban District Forum, Bangalore Case no- 2545, it got dismissed saying this does not fall in their Jurisdiction.

Thanks for the reply.

Regards,

Manoj

the attached complaint copy does not disclose the type of service you have obtained. Your complaint should not be ambiguous while drafting. Disclose complete particulars of service, assurances made by the company etc, which constitute deficiency in service. Nevertheless, since you had already filed the complaint before the District Forum and the same was dismissed as you said, what is the Order ? what is the reason for dismissing your complaint. The order should be a speaking order, means it should be a well reasoned order. Get the copy of the order and attach the same. You have mentioned in your reply that the complaint was got dismissed as it does not fall within the jurisdiction of the District Forum. In Bangalore, there are many District Forums and each have territorial jurisdiction. Please clarify whether your complaint was dismissed for not filing the same with the District Forum which has territorial jurisdiction or for some other reason (like any bar under any law to file these types of complaints). If your complaint was dismissed for want of territorial jurisdiction, then you will have to find out the District Forum where your complaint is to be filed by ascertaining the territorial jurisdiction and file it in that District Forum. While drafting complaint take the advice of an advocate for proper drafting.

Hi Experts,

Below is the decision from the forum. Please guide me what should be my next steps.

The allegation made by the complainant in the compliant is with regard to the telephone bills which will come under Indian Telegraph Act. In the the Indian Telegraph Act, 1885 Under Section 7-B Arbitration of disputes it is held that,

"Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line appliances or apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or apparatus is, or has been provided, the dispute shall be determined by the arbitration and shall, for the the purposes of such determination, be referred to an arbitrator appointed by the central Government either specially for the determination of that dispute or generally for the determination of disputes under this section.

In the decision passed by the Hon'ble Supreme Court in (2009) 8 Supreme Court Cases 481 between The General Manager, telecom  -V/s- M. Krishnan and another it is held that,

"Consumer Protection Act, 1986 -S. 3-Telephone matter - Maintainability of the compliant before consumer forums - Dispute regarding non-payment of telephone bill by the respondent and its subsequent disconnection by the appellant - Order of District Consumer Disputes Redressal Forum allowing the complaint confirmed by High Court - Order of High Court held erroneous - Telegraph Act is a special Act hence its provision under S.7-B regarding disputes in repect of telephone bills would override the remedy under the C.P. Act Special law overrides the general law, restated Further held, R.413 of the Telegraph Rules provides that all services relating to telephone are subjected to the Telegraph Rules - A telephone connection can be disconnected by the telegraph authority for the default of payment under R 443 of the Rules telecommunications Laws - Telegraph Act, 1885 S.7-B-Dispute falling under -Proper Forum - Telegraph Rules Rr413 and 443".

From t he above cited decisions this Forum has no Jurisdiction to entertain the said complaint. However the complainant is at the liberty to approach the appropriate authority for which this order will not come in that way.

Int he view of the above discussions, the complaint is accordingly rejected.