Anonymous
23 June 2011 at 12:22
I have a shop taken on Pagdi and I pay the rent to the landlord and I have the receipt. Can I give the shop on rent to some one else and get leave and license agreement registered? Is it legal? our landlord has given us verbal permission but is not willing to give us the permission in writing?
mahesan
23 June 2011 at 07:56
father executed settlement deed infavour of his elder son in the year of 2005. younger son is sold the elder son's above properties with unregitered will dated 00.00.2007. what relief entitled elder son: how can he ask the prayer before the court for his relief
mahesan
23 June 2011 at 07:52
father and son partitioned ancestral properties in the year of 2002 without daughter. father executed will infavour of son in the year of 2003. if daughter is entitled any share in the father's 1/2 share . the said will is valid or invalid in respect of share of daughter. Properties situated in Tamil nadu. What relief entitled to the daughter.
Rajneesh Madhok
22 June 2011 at 19:23
Consumer Forum can not take cognizance of consumer complaint against BSNL? jurisdiction is barred?
It is mentioned that Apex Court has ruled "there is special remedy provided under Section 7(b) of Indian Telegarph Act regarding the disputes in respect of telephone bills,"
can somebody do some research and inform - What is this rule (section)? and what is the procedure?
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BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, KAPURTHALA.
Complaint No. 61 of 2011
Date of Instt. ..11.05.2011
Date of Decision :..18.05.2011
Rajneesh Madhok, B-xxx/63, Nehru Nagar, St. No 2, Railway Road, Phagwara-144401 (Pb) 094173-06415 (M)
...............Complainant
Versus
1. Bharat Sanchar Nigam Limited, through its Divisional Engineer, BSNL, Telephone Exchange Building, Phagwara.
2. Bharat Sanchar Nigam Limited, through its General Manager, Telcom District CTO Complex, Jalandhar.
3. Bharat Sanchar Nigam Limited, through its General Manager, Telephone Exchange Building, Room No. 1, Sector 34-A, Chandigarh-160022
---------------------------------------------------------- Respondents.
Complaint under Section 12 of the Consumer Protection Act.
Before: Shri Surinder Mohan (President)
Mrs. Shashi Narang (Member)
Present: Shri Rajneesh Madhok complainant in person.
ORDER
Surinder Mohan (President)
1. Heard, Complaint be registered. This order will decide the present complaint at preliminary stage. Rajneesh Madhok has filed the present complaint against Bharat Sanchar Nigam Limited and others on the grounds that the Broad Band Connection from Bharat Sanchar Nigam Limited, Phagwara office was taken by him by depositing Rs 5515/-. Due to deficient service of service provider, the information regarding the deficiency in service of Bharat Sanchar Nigam Limited collected from department and it is proved tht the department could not provide proper service to the consumers. The Department provided misleading information on various points and the Refund sought on deficient service and amount charged under unfair trade practice not refunded as per the deposited amount and failed to provide any guidelines framed by the Department of Telecommunication. The complainat filed various representations about fault Broad Band connection and inflated bills, but the complainant failed to get justice. The representations were also made to different authorities to refund the amount illegally charged from the consumer, but the Department failed to settle the claim sought. The complainant spent Rs 3000/- towards collection of information which was not provided to the applicant and due to negligence of the BSNL, the complainant has to be present in Central Information Commission to get the sought information and again vague and misleading reply by dodging the complainant, the Broad Band was faulty due to OFC cable cutting by NHAI according to reply by opposite party No. 1. The document submitted with letter dated 24.2.2010 that 100 pair of OFC cable and 50 Pair of OFC damaged. Any manufacturer worldwide has never manufactured the said sizes of OFC cables. So the BSNL is dodging the consumers by giving vague and misleading reply. This is deficiency in Service. As per reply dated 2.3.2010, the misleading information provided that the fault was due to old Broad Band system of Phagwara. As the complainant's system is created unde new system as informed by Mr. Gurcharan Singh TTA while providing the connection. The misleading and vague reply is deficiency in service. The information provided by BSNL, D.E. (Phones) vide letter dated 9.4. 2010 has again deficiencies. That there is unfair trade practice on behalf of the opposite parties. A relief has been sought that the respondents are misleading the complainant and they be directed to refund full amount deposited with BSNL without any termination charges and service tax charges, that complainant may be compensated towards expenses met by him in getting misleading information, that complainant may be provided exemplary costs, Rs. 1,00,000/- as compensation for tension and mental physical agony. Further prayer has been made that opposite parties be directed to settle the claim of the complainant as per loss suffered and to pay the same with interest @ 12% per annum, to pay Rs 5000/- as litigation expenses, the complainant be compensated for the period of Broad Band connection failed to connect and amount charged under unfair trade practice by BSNL, to take action against the official with whose negligence, the consumer has to suffer an action may be directed to be initiated against officials those have provided vague and misleading information to the consumer.
2. We have heard complainant in person and have gone through the file. The complainant has sought number of reliefs from BSNL due to alleged deficiencies in services. He has also sought refund of Rs 5515/- and refund of full amount deposited with BSNL and amount for mental and physical agony as well as tension etc. The law has been settled by the Hon'ble Apex Court in a case with the General Manager Telecom Versus M. Krishnan another reported as 2009 (8) SCC 481, wherein the Hon'ble Apex Court was pleased to observe that there is special remedy provided under Section 7(b) of Indian Telegarph Act regarding he disputes in respect of telephone bills, then remedy under Consumer protection Act is by implication barred. The Hon'ble Punjab State Consumer Disputes Redressal Commission has also followed the Apex Court judgment referred above in a case with title as Bharti Cellular Limited Vs. Sudarshan Kumar in first appeal No. 668 of 2005, decided on 24.2.2011. Similarly, the Hon'ble Chandigarh Consumer Disputes Redressal Commission in appeal No. 671 of 2009 decided on 29.1.2010 with the title Bharti Airtel Limited Vs. Sunil Kumar has also followed the above said Apex Court Authority. Hon'ble Haryana State Consumer Disputes Redressal Commission has also followed the above said authority in first appeal No. 642 of 2009 decided on 29.12.2010 with the title Bharti Airtel Limited Vs. Jagdish Lal. All these authorities were related to private telecommunication companies. The Hon'ble Apex Court has given its verdict in the case of Government Agency. Therefore, we are of the view that this Forum can not take cognizance of the complaint as the jurisdiction is barred. Therefore, the complaint is ordered to be returned. The complainant may file appropriate application for appointment of an arbitrator. The complaint be returned against a proper receipt. Photostat copies of complaint and its documents attached with the complaint be retained. Original documents be returned. Copy of the order be communicated to the complainant free of costs. Photostat papers retained by this forum be consigned to the record room.
Dated: Sd/- Sd/-
18.5.2011 Member Member
Certified to be a true copy
Raman Sharda
Superintendent,
Distt. Consumer Disputes Redressal Forum,
Kapurthala 20/6/2011
Rubber Stamp put on order:
1. Case No. 61/2011
Date of Disposal 18/05/2011
Date of issued of Free Copy 20/6/2011
Party's name Applicant/ Respondent: Complainat
Order sent by Post/ hand : By Regd Post.
Date of issue of duplicate copy---------
Sr. No. 299 Dt 20/6/2011
Sd/-
Signature with date.
===========================================
ABDUL SAMED
22 June 2011 at 19:12
dear sir
what is the provision for filing Vakalat?
thank you
Anonymous
22 June 2011 at 18:46
When the highest Revenue Court gives a judgment, on what grounds the affected party can approach a civil court?
raghavendra
22 June 2011 at 18:17
sir
what is the differnce between witness and consent witness ?
thank you
raghavendra
22 June 2011 at 18:15
sir ,
i have to give one property opinion to bank whether this property is deserve to give loan or not ,
for that what are the documents i have scrutinise ,
is there any format to give legal opinion ,
please helm sir
Kuldeep Singh
22 June 2011 at 17:06
Dear Experts............Pls help urgently..........My brother died in road accident, he has insurance policy which will pay 17 lack rupees. nominee is his wife, she is not cooperating with family. she is threating family that she will not pay even a panny to rest of family. Kindly advice How we stop/hold the insurance claim. what kind of objections we can raise to stop or hold the claim
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Hindu Succession Act.
If a person having joint family property having three sons and one of his son died intestate having a wife and if that wife i.e., the widow remarried. Then whether she can claim share as succession opened due to intervention of female under section 6 of hindu succession act (notional partition) and what is the effect of omission of section 24 of hindu sucession act amendment act of 2005