Jurisdiction of civil court
Daljit Singh Mann
(Querist) 03 October 2015
This query is : Resolved
Respected Advocates,
BSNL installed a telephone connection in a Government School in the year 2009 with broad-band internet (plan Rs. 250/- per month with 1.5 GB limited data). Up to 31st July 2011, BSNL had sent each bill amounted to Rs. 250 plus service charges and all the bills had been paid by the said school. It is amazing that bill for the month of August 2011 had been sent amounted to Rs. 11525/-. A detail of bill had also been sent with the bill in which Physical Address (Machine Address) of Computer was shown 00:23:54:64:2a:61 but the said school refused to pay the above stated amount and intimate the BSNL that data in huge quantity as shown in detail was not up loaded and downloaded by the school. It was also intimated that it may be possible that someone has misused the connection of the school because the Physical Address (Machine Address) of the computer of school is 00:24:21:2C:4F:CB. denying all averments of the school, BSNL filed a suit in a civil court for recovery of above mentioned amount Rs. 11525/-. Now, my query is-
1. whether civil court has jurisdiction to try this suit ?
2. Whether the Information Technology Act, 2000 is related to the matter in controversy ?
3. Please express your views in detail.
Thanks.
K.S.Srinivas
(Expert) 04 October 2015
1. Yes. The civil court has jurisdiction.
2. The terms and conditions of BSNL Broad Band service connection mentions Information Technology Act, 2000. Hence the said act is applicable.
Rajendra K Goyal
(Expert) 04 October 2015
Civil court has jurisdiction to try recovery suits.
Daljit Singh Mann
(Querist) 04 October 2015
Lot of thanks respected Mr. srinivas and Mr. Goyal.
Thanks and have a nice day.
P. Venu
(Expert) 04 October 2015
BSNL has its own machinary for attending such grievances or the matter could be taken up with the Permanant Lok Adalath also.
Kumar Doab
(Expert) 04 October 2015
Has the BSNL replied on the variance in machine address as pointed out by you?
After all this is the bone of contention as per your post!
And you seem to have written about it to BSNL.
Daljit Singh Mann
(Querist) 05 October 2015
Hello Mr. Doab,
Good Morning,
The said school had replied the legal notice and prior to this also sent a letter to BSNL about machine number. Now, I think that provisions laid down in Section 43 (a), (h), 46 are applicable with respect to the matter in controversy. Please express your valuable views.
Thanks and have a meaningful day.
T. Kalaiselvan, Advocate
(Expert) 10 October 2015
@Author: You have referred a few sections of the IT Act 2000 which are in favor of the BSNL for initiating the recovery process, do you mean to say that the BSNL authority invoked the referred provisions of the subject Act?
Since the school authorities have decided to contest the recovery case based on the merits and evidences in their side, wait for the outcome.
