- (1.)Does S.7B of the Indian Telegraph Act, 1885, oust the jurisdiction of the Consumer Forum as constituted under the Consumer Protection Act, 1986 Is the rule as enunciated in General Manager v. Consumer Disputes Redressal Forum ( 2000 (2) KLT 195 ) in conformity with the provisions of the 1986 Act These are the two questions that arise for consideration in this appeal. A few facts as relevant for the decision of the case may be briefly noticed.
(2.)The respondent is a resident of Kozhikode. He is a partner of M/s. Auspins. The firm has a telephone connection No. 740008 with the Nellikode Exchange. This telephone is installed at T.K. House, Kottooli, Calicut - 16. On March 20, 2001 the respondent was served with a copy of the notice issued to Sri. T.K. Reghunath. By this notice, Sri. Reghunath was called upon to dear the dues of Rs. 17,103/- with respect to telephone numbers 722060 by August 29, 2001. The respondent was threatened that in case the bill for telephone No. 722060 was net cleared by the due date his telephone No. 740008 shall be disconnected. This was despite the fact that admittedly no amount was due from the respondent and there was no other default on his part.
(3.)On receipt of the above mentioned notice, the respondent sent a reply vide letter dated August 17, 2001. It was pointed out that he was not responsible for the amount due from T.K. Reghunath. It was further mentioned that he was a tenant in the premises. His telephone could not be disconnected on account of the failure of Mr.Reghunath to pay the bill. The reply, it seems, was nor even considered. The telephone of the respondent was disconnected on September 13, 2001.