GENERAL MANAGER BSNL Vs. RAJAT SAXENA

JUDGEMENT

(1.) The following order of the Bench was delivered by Justice Shantanu Kemkar :

(2.) According to the petitioner the complaint before the consumer Forum alleging deficiency in service on the part of the petitioner is not maintainable, in view of the law laid down by the Supreme Court in the case of General Manager, Telecom vs. M. Krishnan & Anr., 2009 8 SCC 481 It is the case of the petitioner that the Supreme Court in the case of General Manager, Telecom (supra.) has held that a special remedy having been provided in Section 7 B of the Indian Telegraph Act regarding disputes in respect of telephone bills then the remedy under the Act of 1986 is by implication barred.

(3.) The Forum after considering the submissions of the parties, by impugned order rejected the said objection of the petitioner placing reliance on the order passed by the National Commission in Revision Petition No. 1228 of 2013 (Bharati Hexacom Ltd. vs. Komal Prakash and another) decided on 2.5.2014.