BHARAT SANCHAR NIGAM LTD Vs. VIMAL GOENKA

JUDGEMENT

(1.) PER : Mr. Ramesh Bawri, Senior Member: These are two Appeals filed against the order dated 22.09.2008 passed by the learned District Forum, Shillong in Consumer Case No.15 of 2008. Appeal F.A. No.14.of 2008 has been filed by BSNL, the Opposite Party in the Complaint. Appeal F.A. No. 5 of 2009 has been filed by the Complainant, Shri Vimal Goenka. As both Appeals arise from the same order, these have been clubbed and heard together and a common order is being passed.

(2.) HEARD the learned counsels for the respective parties. Perused the case records, memo of appeal and written submissions on record.

(3.) IT may be stated at the outset that BSNL had raised a preliminary objection to the jurisdiction of the learned District Forum, in view of the judgment of the Hon'ble Supreme Court passed in General Manager (Telecom) Vs M. Krishnan, 2010 AIR(SC) 90. The preliminary objection was heard at length and vide order dated 25.02.2014 this Commission held in favour of the jurisdiction of the learned District Forum. This issue having been settled, hearing on merits of the Appeal was proceeded with.