GEN MANAGER, GMTD, BSNL Vs. D PHAWA, MANGPOH

JUDGEMENT

(1.) THIS entire batch of appeals arises from orders passed by the learned District Consumer Disputes Redressal Forums of East Khasi Hills and Ri Bhoi Districts of Meghalaya, hereinafter referred to as the learned District Fora or Forums in respect of Complaints filed by various Consumers against Bharat Sanchar Nigam Limited hereinafter referred to as BSNL. In all the related orders some relief or the other has been granted by the learned District Fora and, besides that, the learned Fora have turned down BSNLs plea that the Consumer Fora have jurisdiction over complaints or disputes relating to the telecom or telegraph services provided by them. Hence the Appeals.

(2.) AS the jurisdiction of the Consumer Fora is a common ground of appeal and goes to the root of the matter, it was our considered view that the maintainability of the complaints be first decided as a preliminary issue as no purpose would be served by going into the merits of each appeal in case it was ultimately decided that Consumer Fora did indeed have no jurisdiction over such cases. Hence, with the consent of the respective counsels of the Appellants as well as all the Respondents, we have taken up this batch of Appeals for hearing on the common preliminary issue as to whether or not the complaints filed by the Complainants in respect of telecom or telegraph services availed by them from BSNL, the Appellants, were maintainable before the respective learned District Forums.

(3.) HEARD Shri S.C. Shyam, learned senior counsel for BSNL, the Appellants, assisted by Shri B. Deb, Advocate. Also heard Shri Sandeep Jindal, learned counsel for the Respondent in F.A. No. 5 of 2006 who has led the battery of Advocates for the Respondents and also the respective counsels of the Respondents in the other Appeals, all of whom have adopted and endorsed the arguments made by Shri S. Jindal.