consumer complaint against telecom service provider punjab c
ashok
(Querist) 31 October 2013
This query is : Resolved
A c/c was filed in distt.consumer forum is being not accepted due to notification that telecom service providers are no more under the preview of consumer courts. Please advise wherre should a consumer file complaint for deficiency in ser ice against tele service provider? Thanks
Kumar Doab
(Expert) 31 October 2013
It is felt that the Supreme Court of Indian judgment of Telecom Manager vs M.Krishnan’ has been highly misinterpreted.
In fact it is DCDRF in Punjab ( Forozepur) that had set the course that Consumer Forums can decide telecom cases…………….
Even after this judgment telecom cases have been decided by consumer forums, amongst which Vodafone is by national Commission in 2011.
The experts and members are requested to go thru it and various other publications….
e.g;------
-----http://info.akosha.com/consumer-complaints/telecom/the-mess-of-telecom-complaints-in-india-a-comprehensive-review/
The mess of telecom complaints in India: A Comprehensive Review
{{{ Key finding: 33% of the District Consumer Forums are rejecting telecom related complaints!}}}-------------------------------------Implying that 67% are deciding telecom related cases.
----http://www.lawyersclubindia.com/forum/details.asp?mod_id=33211&offset=1#.UlFTutKAqWM
Discussion > Civil Law > Consumer Protection > Can we file a case in Consumer froum against mobile company
----http://www.lawyersclubindia.com/forum/details.asp?mod_id=33211&offset=1#.UlFTutKAqWM
Discussion > Civil Law > Consumer Protection > Can we file a case in Consumer froum against mobile company
---http://info.akosha.com/consumer-complaints/telecom/revealed-department-of-telecom-dots-stand-on-sc-order-regarding-telecom-consumer-disputes/
REVEALED: Department of Telecom (DOT)’s stand on SC order regarding telecom consumer disputes
---http://info.akosha.com/consumer-complaints/telecom/rti-application-of-shri-j-p-shah-dated-08-02-2011-forwarded-by-directorpg-cpio-dot-on-28-02-2011-and-received-in-the-0o-directorphp-on-28-02-2011-for-seeking-information-under-rti-act-2005/
RTI application of Shri J.P. Shah dated 08.02.2011 forwarded by Director(PG)& CPIO, DoT on 28.02.2011 and received in the 0/o Director(PHP) on 28.02.2011 for seeking information under RTI Act, 2005
----http://www.lawyersclubindia.com/experts/TELEPHONE-SERVICES-AND-CONSUMER-FORUM-188966.asp#.UnDwPSeo1oo
TELEPHONE SERVICES AND CONSUMER FORUM (Civil Law)
The following judgments and publications should be helpful.
>> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FEROZEPUR
C.C. No.180 of 2009
Date of Institution: 9.4.2009
Date of Decision: 11.9.2009
Lakhbir Singh,
1. Aman Arora Telecom, Dulchi Ke Road, Opposite Guruduwara
Market, Basti Kamboj Nagar, Ferozepur City, Tehsil and District
Ferozepur, through its Proprietor Aman Arora.
2. Bharat Sanchar Nigam Limited, Telecom (Mobile), Ferozepur Cantt,
through its General Manager.
……… Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
>> NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
REVISION PETITION NO. 2775 OF 2007
(Against the order dated 28.05.2007 in First Appeal. no. 547 of 2007 of the Andhra Pradesh State Consumer Disputes Redressal Commission,
Hyderabad)
Vodafone Essar South Ltd
Formerly Known as Hutchison Essar South Ltd
Vs
Arvind Reddy
http://164.100.72.12/ncdrcrep/judgement/00110926160223684RP27752007.htm
2. It was learnt that Delhi High Court has has passed a judgment that complaints of consumers of mobile telecom companies can be lodged in consumer forums and consumer forums can decide such consumer cases. However the name of company etc is not confirmed. If any one can provide it this shall be helpful.
http://www.lawyersclubindia.com/forum/Re-Delhi-hc-quot-consumer-court-can-decide-mobile-phone-consumercase-51892.asp#.UlEbItKAqWM
3. Firms must respect right to information
http://www.hindustantimes.com/StoryPage/Print/1115708.aspx
This is an interesting publication.
4. TRAI Consumer Protection Guidelines
http://www.trai.gov.in/Content/mpci.aspx
All consumers should go thru it.
The handbooks for consumers of Mobile Connections and Broadband, FAQ is also available at this website
P. Venu
(Expert) 01 November 2013
In Krishnan's case, the judgment was given sub silento. It has been held by the Hon’ble Supreme Court in the Judgment reported AIR 1989 SC 38 that “precedents sub silentio and without argument are of no moment.”
R.K Nanda
(Expert) 01 November 2013
nothing more to add.
Raj Kumar Makkad
(Expert) 01 November 2013
A departmental Lok Adalat has been established by telecom department so you should avail its benefit.
ajay sethi
(Expert) 01 November 2013
agree with experts
Kumar Doab
(Expert) 01 November 2013
>>> http://www.indianexpress.com/news/-consumer-courts-can-settle-cases-against-telecom-operators-/587125/
‘Consumer courts can settle cases against telecom operators’
Express News Service : Chandigarh, Fri Mar 05 2010, 01:36 hrs
In a significant judgment, the Chandigarh Consumer Disputes Redressal Commission has said cases against telecom service providers can be adjudicated in consumer courts and it is not essential for the complainant to go through the lengthy arbitration process.
The decision was passed by Commission president Jagroop Singh Mahal in a case against Vodafone. The counsel for the company had claimed that disputes with respect to "telegraph line" were not in the jurisdiction of the consumer fora, and could be decided only through arbitration.
>>> This further reiterates as cited above that "33% of the District Consumer Forums are rejecting telecom related complaints!}}}-------------------------------------Implying that 67% are deciding telecom related cases."
It also indicates that number of Forums deciding such cases is increasing.
We are trying to get the copy of this decision.
All experts are requested to provide this judgement.
>>> @ Ashok,
You have posted that:
“A c/c was filed in distt.consumer forum is being not accepted due to notification”
Do you mean that some notification has been issued in the Gazette or is it a internal Circular……………can you attach a copy in this thread or provide a link ?
>>>@ Mr. P. Venu,
Thnks for your comments.
Kumar Doab
(Expert) 01 November 2013
Chandigarh Consumer Disputes Redressal Commission has said cases against telecom service providers can be adjudicated in consumer courts and it is not essential for the complainant to go through the lengthy arbitration process.
The decision was passed by Commission president Jagroop Singh Mahal in a case against Vodafone. The counsel for the company had claimed that disputes with respect to "telegraph line" were not in the jurisdiction of the consumer fora, and could be decided only through arbitration.
This decision is available at:
http://164.100.72.12/ncdrcrep/judgement/660Arvind%20Vs.%20Vodafone_F.htm
Raj Kumar Makkad
(Expert) 05 November 2013
The verdict of Chandigarh consumer Commission has already been overruled so consumer forum has no jurisdiction to try and decide such complaints.
Devajyoti Barman
(Expert) 05 November 2013
Once SC in clear terms makes it non maintainable before consumer forum, other forum can not over rule it by way of any decision.
Kumar Doab
(Expert) 05 November 2013
@ Mr. Raj Kumar Makkad,
Sir,
Kindly provide the link to the decision vide which verdict of Chandigarh consumer Commission has already been overruled.
I have scrolled thru the decisions at Confonet but could not find it.
