GENERAL MANAGER, TELECOM versus M. KRISHNAN & ANR.

Remedy under the Consumer Protection Act is impliedly barred in disputes concerning telephone services where special remedy exists under Section 7-B of the Telegraph Act; the High Court was incorrect in entertaining the writ petition and appeal.

Parties: Appellant: General Manager, Telecom; Respondent: M. Krishnan; Respondent: ANR.
Jurisdiction: India
Judgment Date: 01 September 2009
Procedural Posture: Civil Appeal / Appeal by Special Leave From Full Bench Judgment and Order Dated 14.02.2003 of Kerala High Court in Writ Appeal No. 535 of 2002(d)
Outcome: Appeal allowed; impugned judgment and order of High Court as well as District Consumer Forum set aside; no order as to costs.
Legal Topics: Jurisdiction of Consumer Forums, Telegraph Act, Telephone Disconnection

Telecommunications Consumer Law Jurisdiction of Consumer Forums Telegraph Act Telephone Disconnection

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Parties

General Manager, Telecom

Appellant

M. Krishnan

Respondent

ANR.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Full Bench Judgment and Order Dated 14.02.2003 of Kerala High Court in Writ Appeal No. 535 of 2002(d)

Legal Issues

1 Whether remedy under Consumer Protection Act is barred by special remedy under Section 7-B of Telegraph Act for disputes regarding telephone bills

Ratio Decidendi

Court Disposition

Appeal allowed; impugned judgment and order of High Court as well as District Consumer Forum set aside; no order as to costs.

Orders

Set aside impugned judgment and order of Kerala High Court dated 14.02.2003
Set aside order of District Consumer Forum dated 26.11.2001