RAJESH KUMAR AGRAWAL Vs. TULSI ELECTRONIC & OTHERS

JUDGEMENT

(1.) The petitioner is consumer of respondent No.2 within the meaning of Sec. 2(o) of the Consumer Protection Act, 1986 (hereinafter called as "Act of 1986) and respondent No.2 is licensee of respondent No.3/Telecom Authorities. The petitioner raised a consumer dispute within the meaning of Sec. 2(e) of the Act of 1986 before the District Consumer Dispute Redressal Forum (hereinafter called as "District Forum"), Korba constituted under Sec. 9 of Act of 1986 stating inter alia that respondent No. 2 has adopted unfair trade practise in providing telecom services though the petitioner has paid for data service and while using the data services, balance lying in call account was deducted unauthorisedly which amounts to unfair trade practise and as such appropriate relief by granted to the petitioner.

(2.) The District Forum, Korba rejected the complaint filed by petitioner by order dated 27.02.2013 holding that complaint is barred under Sec. 7-B of the Indian Telegraph Act, 1885 (hereinafter called as "Act of 1885") as statutory alternative remedy of arbitration is available to the petitioner.

(3.) Being aggrieved against the order of the District Forum, Korba, the petitioner preferred an appeal under Sec. 15 of the Act of 1986 before the State Consumer Dispute Redressal Forum, Raipur (hereinafter called as "State Commission"). The State Commission by the impugned order dated 15.01.2014 affirmed the order passed by the District Forum relying upon the judgment of the Supreme Court in the matter of General Manager, Telecom Vs. M. Krishnan and another, (2009) 8 SCC 481, holding that the petitioner has a special remedy of arbitration provided under Sec. 7-B of the Act of 1885 in respect of the dispute so raised and dismissed the appeal preferred by the petitioner.