jurisdiction of consumer court

Guest (Querist) 28 July 2011 This query is : Resolved
to all the experts please:-
whether the consumer court have jurisdiction to try the suit in which the claim is for disconnecting the prepaid mobile connection without any information or notice. the jurisdiction is challenged u/s 7 B of Indian Telegraph act please reply.

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ajay sethi (Expert) 28 July 2011
1)section 7B provides that dispute between telgarph authority and person for whose benefit line is provided shall be referred to arbitration and that award of arbitrator shall be final and binding and not questioned in court of law

2) consumer protection act proovides that complaint can be filed for deficiency in service . remdy uunder CPA is an dditional remedy and not in derogation to another law
3) in my view complaint is maintanable

Advocate Rajkumarlaxman (Expert) 28 July 2011
defeicency in services defects in goods and instruments and its maintainence itself attracts consumer protecion act and hence complaint under section 12 of consumer proction act is maintiable

M/s. Y-not legal services (Expert) 29 July 2011
With in my knowledge, as rep the trai's current notification, the cell phone complaints can't be filed under consumer protection act..

Advocate Bhartesh goyal (Expert) 29 July 2011
Complaint can not be filed in regards to excessive tel.phone/mobile bills but can be filed for deficit services such as disconnection of services without prior information or termination of the services.