c/c against telecom service providers
ashok
(Querist) 01 March 2015
This query is : Resolved
Sir, in May 2013 I have filled a c/c against a pvt Internet service provider in dustbin. Consumer Forum and the said complaint was not heard and rejected due to SC ruling. instead the forum directed the consumer to go for arbitration. On the above advice of dust forum, the consumer had filed appeal before App. Authority under reg. 9 of TRAI in Jan 2014, for 'arbitration' but I got no response from ibid authority.
Now recently I have read somewhere that GOI (Telecom Deptt has directed vide it's order do 4/2/2014 reg jurisdiction of dist forum of all states /UT against Telecom service providers
In case, the said order is got implemented, do I have right to reopen my previous c/c� please elaborate and advice accordingly. On this issue I have also posted my query in 2013 for expert advice in this column
Guest
(Expert) 01 March 2015
If the judgment pertained to the date prior to the date of issue of GOI (DOT) orders, you cannot get benefit of the order for the past case.
Anirudh
(Expert) 01 March 2015
Please indicate the complete particulars of the Order No. and date instead of simply saying 4/2/2014.
Kumar Doab
(Expert) 01 March 2015
You have posted that you have received no response from App.Authority/IBID.......implying the matter was neither heard nor decided,...
In the meanwhile the DoT has issued notification.................to CLARIFY that consumer Forums shall have THE JURISDICTION to decide the telecom cases.........
In the threads mentioned by you and many others it has been discussed that many of the DCDRF had decided telecom cases despite the SC judgement in case of M Krishnan ...
It is a possibility that since the GOI referred was notified the said ibid did nothing..........and/or it might issue direction as per the said GOI.....
You may seek help of an able lawyer handling consumer cases.............
R.K Nanda
(Expert) 01 March 2015
no more to add.
ashok
(Querist) 01 March 2015
Thanks for your valuable comments. The press report and GoI order refer link please
http://rtn.asia/p-d/5208/district-consumer-forum-can-take-telecom-cases-dot
Rajendra K Goyal
(Expert) 01 March 2015
Refer Meghalya State Consumer Redressal Commission Shilong Appeal No FA/14/2008 decided on 20.06.2014 at following link:
http://164.100.72.12/ncdrcrep/judgement/300140626151523706dailyorder2014-03-28.html
Kumar Doab
(Expert) 01 March 2015
The decision quoted by Mr.Goyal provides the copy of DoT notification as well.
You may also download the regulation for Broadband services on TRAI website,FAQ etc...
The lawyer that has examined your docs may opine that you can and you should approach DCDRF............
ashok
(Querist) 01 March 2015
Sir(s)
My c/c was "disposed off" itself at preliminary stage (w/o issuance of notice to OP) by District Forum, with directions "to seek remedy through arbitration" .
I think the above mentioned judgement of Meghalya state commission refer to that appeal which was heard before and than dismissed by the respective Distt Forum whereas my case stands on different footing
DOT order dt 4 February 2014 has no mention of its retrospective opening of past cases which were rightly or wrongly 'disposed off' by Distt Forums for the past many years under the garb of SC ruling in the matter
Under this context, please solicit your kind advice. I shall definitely see my local lawyer
Kumar Doab
(Expert) 02 March 2015
1. It is good that you have chosen to consult your lawyer. The lawyer that has examined all docs on record,merits ,inputs can advise you best on remedies.
Your able lawyer may opine that:
--The DCDRF can be approached now.......Moreover National Telecom Policy was made available in 2012
--The arbitration request may be withdrawn.
--Upon inquiry you may find that nothing was done probably because DoT has been contemplating to issue the communique and the intent was widely publicized.
2. You may go thru the narration and commentary in DoT communique and especially point 3,4,5.....
3. It has been laid down that Consumer Fora can decide the cases involving consumers and service providers..... and now DCDRF shall not decline/dispose off at preliminary stage.
4.Reference to National Telecom Policy 2012 , and amendments to Indian Telegraph Act is cited that should do away any confusion, and it is crystal clear that..........
"that District Forums are already having jurisdiction and promulgation of ordinance is apparently not required."
5. It has been stressed upon that..........
"However, powers of the telegraph authority have neither been vested nor are available to private telecom service providers and BSNL. Therefore, recourse to section 7B in case of disputes between consumers and private service providers and BSNL would not be available."
6. It is in fact a reiteration that..................
"The Hon'ble Supreme Court's judgment is sui generis in its application and has to be read with reference to the particular facts and circumstances of the case before it."
7. It has already been discussed that.......
"In the threads mentioned by you and many others it has been discussed that many of the DCDRF had decided telecom cases despite the SC judgement in case of M Krishnan ...
"
These decisions can be downloaded from many threads with similar queries.........and your lawyer would also be having these......
P. Venu
(Expert) 02 March 2015
The press note is a clarification than a decision. Hence it could be made use in challenging the decision of the District Forum in appeal.
T. Kalaiselvan, Advocate
(Expert) 04 March 2015
Nothing more to add, I agree with the opinions expressed by experts above.
