BHARAT SANCHAR NIGAM LTD Vs. KUM D PHAWA, MCS, EXECUTIVE MAGISTRATE,

JUDGEMENT

(1.) THE brief facts leading to this Appeal are as follows:

(2.) BSNL , as Appellants, are before us in Appeal against the aforementioned order dated 17.08.2006 passed by the District Forum, Ri Bhoi District in Consumer Case No. 7 of 2006. Heard Shri. S. C. Shyam, learned Senior Advocate for the Appellant, assisted by his junior Shri. B. Deb. Also heard Shri. S. Jindal and Miss S. Poddar, Advocates for the Respondent/ Complainant. Also perused the documents on record and the written submissions filed by both sides.

(3.) BEFORE discussing the merits of the Appeal let it be stated here for the record that BSNL had raised a preliminary objection to the jurisdiction of the learned District Forum, in view of the judgment of the Hon'ble Supreme Court passed in General Manager (Telecom) Vs M. Krishnan, 2010 AIR(SC) 90) The preliminary objection was heard at length and by order dated 25.02.2014 this Commission held in favour of the jurisdiction of the learned District Forum. This issue having been settled, hearing on merits of the Appeal was proceeded with.