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consumer protection Act

(Querist) 24 March 2010 This query is : Resolved 
pls advise me, I have filed complaint against dealer and manufacturer of laptop and also against reliance co. for defect in the goods (data card)and deficiency in service.As per the judgement of our Honble SC JUDGEMENT by our Lordship justices A.K.Ganguly and Markandeya Katju according to the provision 7(b) of Telegraph Act consumer redressal fora has ousted jurisdiction as against telecommunication co. In my case I have filed case not only against reliance co. but also against manufacturer and dealer of laptop company.Weather my case is to be dismissed for want of jurisdiction as per S.C. judgement.
DD Sathe (Expert) 24 March 2010
Reliance being private tele-company, it is likely to be covered under consumer protection act. Other entities are also under consumer protection act.
For tele-company related issues you can check from TRAI website and escalate the level to nodal officer listed in website. Normally this resolves the issue.
Best Wishes.
Parveen Kr. Aggarwal (Expert) 24 March 2010
Section 7-B of the Indian Telegraph Act, 1885:

"7B. Arbitration of disputes - (1) Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or apparatus is, or has been provided, the dispute shall be determined by arbitration and shall, for the purposes of such determination, be referred to an arbitrator appointed by the Central Government either specially for the determination of that dispute or generally for the determination of disputes under this section."

Telegraph authority has been defined under section 3(6) of the Act in the following words:

"(6) "telegraph authority" means the Director General of Posts and Telegraphs, and includes any officer empowered by him to perform all or any of the functions of the telegraph authority under this Act."

Apparently your dispute is not with the "telegraph authority" so your case will not be covered under 7-B of the Indian Telegraph Act.

Legal Fighter (Expert) 25 March 2010
no, your case doesn't fall under the said telegraph act and can't be dismissed.
J. P. Shah (Expert) 25 March 2010
Only in case of complaints against bsnl, above judgement can be made applicable.
adv. rajeev ( rajoo ) (Expert) 25 March 2010
Your case is based on the deficiency in providing the service so it doesnt come under telegraphic act.
Kumar Thadhani (Expert) 26 March 2010
You are not covered under Indian Telegraph Act 1885, you are protected Consumer Protection Act,since there is a deficency of services.

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