BHARAT SANCHAR NIGAM LTD Vs. BHUPINDER SINGH BHARGAVA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment dated 19-2-2004 passed by the learned single Judge of this Court in OWP No. 528/02 whereby writ petition of the appellant against the judgments of the State Commission and Divisional Forum constituted under the J. and K. Consumer Protection Act, has been dismissed in limine.

(2.) Admitted facts as emerge from the record are that the telephone connection of the respondent was disconnected allegedly for non-payment of dues. The respondent pleaded payment of the bills, however, ignoring his plea telephone was disconnected. The respondent approached the Divisional Forum against the action of the appellant and it was during the pendency of the proceedings before the Divisional Forum, the respondent admitted having received the payment and restored the telephone connection. The Divisional Forum after the parties led their evidence passed order dated 31-1-2001 awarding an amount of Rs. 15,000/- as compensation, refund of rental for the period 17-1-1998 till 2nd June, 1998 and also cost of litigation which was assessed at Rs.1,000/-. An appeal preferred before the State Commission came to be rejected. Aggrieved of the orders of the Forum and State Commission, the appellant preferred the writ petition, which too resulted in dismissal in limine.

(3.) The only point canvassed before us is that the Consumer Forum has no jurisdiction to entertain the complaint and pass an award in view of the specific provisions of the Section 7-B of the Telegraphs Act which inter alia prescribed statutory arbitration in respect to all the disputes relating to telegraph line, appliance or apparatus arising between the telegraph authority and the person for whose benefit the line, appliance or apparatus is or has been provided. To support his contention he relied upon the judgment of this Court passed in OWP No. 303/98, dated 23-2-2001 and the judgment dated 16th July, 2002 passed in LPA (OW) No. 124/01. In the Judgment dated 23-2-2001, the learned single Judge has held that the remedy of arbitration under Section 7-B of the Telegraphs Act should be resorted. The Hon'ble Division Bench of this Court relying upon the judgment of Kerala High Court reported in AIR 2000 Ker 250 declined to interfere in the order of the learned single Judge on the ground that disconnection of the telephone for non-payment is not deficiency in service. It cannot be disputed where a telephone is disconnected for nonpayment and restoration is sought by offering payment, Consumer Forums are not entitled to exercise jurisdiction as it does not amount to deficiency in service. The telegraph authorities are not obliged to provide service if the consumer has faulted.