PODDAR TILES Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the petitioner is challenging the correctness of an award given by the arbitrator who is the General Manager (Finance) Bihar Telecom Circle, Patna. The said award is dated 16th April, 1996. There is dispute between the petitioner and the department of Telecommunication Bihar Circle Patna in respect to the amount of bill which has been raised by the Telecommunication Department in respect of Telephone No. 221468.

(2.) From the recital as contained in the award it appears that prior to the said award in question the petitioner filed a complaint before the Consumer Forum, and the District Consumer Forum referred the dispute to arbitration. In pursuance to the said order of the Forum, the dispute has been decided by the arbitrator. It is not in dispute that in matters of deciding such dispute there is a provision in Indian Telegraph Act, 1885 (hereinafter referred to as the said Act). Under Section 7-B of the said Act the dispute relating to the amount of bill which has been raised can be referred to the arbitrator. The provisions of Section 7-B of the said Act are set out below:-

(3.) Learned Counsel appearing on behalf of the petitioner has not disputed before me that the nature of dispute which has been referred to the arbitrator cannot be referred under Section 7-B of the Act. In that view of the matter, this court holds that the Consumer Forum has rightly decided the point in referring the matter to the arbitrator, inasmuch as, the Court proceeds on the basis that the dispute in question can be referred to the arbitration under Section 7-B of the Act.