UNITED BANK OF INDIA Vs. CALCUTTA TELEPHONES

JUDGEMENT

(1.) This is an appeal against an order of the Arbitrator appointed by the Calcutta District Forum under Sec.7b of the Indian Telegraph Act, 1885 . The relevant Arbitrator was appointed by the Calcutta District Forum in connection with C. D. F. case No.910 of 1994. In the said case, the Calcutta District Forum had referred a case of excess billing to arbitration. The complainant's case was that in their Office the average amount of bill of the preceding cycles was below 800 Units and that suddenly in the cycle of 192 there was a spurt in the amount of bill which was Rs.20,760/-. Evidently, it was unexpected amount and naturally the complainant filed a dispute case before the Forum. The Forum passed the order as stated above.

(2.) A preliminary objection has been raised in this case that an appeal against the award of an Arbitrator appointed under Sec.7b of the Indian Telegraph Act, 1885 is not appealable. The aforesaid section provides that the award of the Arbitrator would be binding on the parties. So, naturally no appeal lies against the said award. We note that there is a difference between an award passed under the Arbitration Act, 1940 and an award passed under Sec.7b of the Indian Telegraph Act, 1885 . An arbitration under Sec.7b is a statutory arbitration but as it has some provisions inconsistent with the provisions of the Arbitration Act, the provision of Sec.7b shall prevail.

(3.) Moreover, an appeal under Sec.15 of the Consumer Protection Act, 1986 lies against an order of District Forum and not against an order of the Arbitrator. So, considering the entire fact we are of the opinion that the present appeal is not maintainable. The appeal is accordingly dismissed. There will be no order for cost.