Update to my earlier posting: Airtel: Billing / Customer care issue
Now, My case in consumer forum is pending for ORDER, the argument went very well and im convinced that the judges are convinced with the case.
Now, the council of Airtel, presented an synopsis of argument, giving reference to recent supreme court judgment dated 01/09/2009, which said, consumer forum has no jurisdiction for telecom related cased under section 7B of The Indian telegraph act 1885 .
I have provide the forum necessary information extracted from various amendments to the act to consider for the order. i’m sure this come handy for them to make the right call.
But, in my view the hon. supreme court has not accounted the following amendments done to the act and one such amendment by ordinance TRAI amendment ordinance 2000 chapter IV
*The Ordinance of 2000(ref #2), clearly states in chapter IV(a.iii.B)
*I quote
CHAPTER IV
APPELLATE TRIBUNAL
- The Central Government shall, by notification, establish an Appellate Tribunal to be
known as the Telecom Disputes Settlement and Appellate Tribunal to -
Substitution of new Chapter for Chapter IV Establishment of Appellate Tribunal
(a) adjudicate any dispute -
(i) between a licensor and a licensee;
(ii) between two or more service providers;
(iii) between a service provider and a group of consumers:
Provided that nothing in this clause shall apply in respect of matters relating to -
(A) the monopolistic trade practice, restrictive trade practice and unfair trade practice
which are subject to jurisdiction of the Monopolies and Restrictive Trade Commission
established under sub-section(1) of section 5 of the Monopolies and Restrictive Trade
Practices Act, 1969;
54 of 1969
*(B) the complaint of an individual consumer maintainable before a Consumer
Redressal Forum or a Consumer Disputes Redressal Commission or the National
Consumer Redressal Commission established under section 9 of the Consumer Protection Act, 1986;
I unquote.
Thus, Any deficiency in service by the service provider towards consumer shall definitely comes under the preview of consumer redressal forum or a consumer disputes redressal commission or the national consumer redressal commission established under section 9 of the consumer protection act 1986.