TMI Blog2014 (3) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, had the dispute arisen between the petitioner and a telegraph authority, which the respondent No. 2 is not. Merely because respondent No. 2 is a licensee under Section 4 of the Indian Telegraph Act, it does not confer on it the status of a telegraph authority. If the intendment of Director General of Posts & Telegraph were to confer the status of the Telegraph Authority upon the licensees under Section 4, the Director General of Posts & Telegraph, which comes under the Central Government could have issued the requisite notification under Section 3(6) of the Indian Telegraph Act, which has not been done. The Supreme Court has given a broad interpretation to Section 3 of the Consumer Protection Act, in the light of the clear expre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s barred by Section 7B of the Indian Telegraph Act, 1885. 2. The petitioner filed a consumer case against the respondent No. 2, Bharti Airtel Limited and one Mr. Bhupender Kumar, Territory Sales Manager, Bharti Airtel Services Limited before the District Forum, raising grievances with regard to provision of services by them. According to the petitioner, on 5-8-2009, the petitioner had purchased a broad band plan called Home 649, whereunder respondent No. 2 had agreed to provide usage of broad band connection with a landline connection with free calls worth Rs. 100/- and two email IDs on the said internet connection with configuration of the outlook express software. 3. Since disputes arose in regard to the provision of the said services ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to and are not in derogation of any other law in force. It is true, as rightly contended by Shri Suri, that the words in derogation of the provisions of any other law for the time being in force would be given proper meaning and effect and if the complaint is not stayed and the parties are not relegated to the arbitration, the Act purports to operate in derogation of the provisions of the Arbitration Act. Prima facie, the contention appears to be plausible but on construction and conspectus of the provisions of the Act we think that the contention is not well founded. Parliament is aware of the provisions of the Arbitration Act and the Contract Act, 1872, and the consequential remedy available under Section 9 of the Code of Civil Proced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces of a particular case, come to the conclusion that the appropriate forum for adjudication of the disputes would be otherwise those given in the Act. (emphasis supplied) In para 20, the Supreme Court, inter alia, observed as follows : 20. .........Thus, having regard to all aspects we are of the view that the National Commission was right in holding that the view taken by the State Commission that the provisions under the Act relating to reference of disputes to arbitration shall prevail over the provisions of the 1986, Act is incorrect and untenable. 6. He further submits that Section 7B, in any case, could not have been invoked, as it provides that any dispute concerning any telegraph line, appliance or apparatus arises be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eed to introduce a new definition for the term telegraph authority in clause (111) of Section 65 of the Finance Act, 1994. 10. Learned standing counsel, Mr. Sachin Datta submits, on instructions, that respondent No. 2 does not fall within the definition of telegraph authority under the Indian Telegraph Act, 1885. He, therefore, supports the stand of the petitioner. 11. Mr. Sikri, who appears on behalf of respondent No. 2 Bharti Airtel Ltd., does not dispute the position that respondent No. 2 does not fall within the definition of expression telegraph authority . However, his submission is that respondent No. 2 is a licensee under Section 4 of the Indian Telegraph Act, and it is rendering the telegraph services just as the Director ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legraph Authority, the Legislature could easily have included the licensee as one of the parties to an arbitration dispute under Section 7B of the Indian Telegraph Act. 13. I also find force in the submission of the petitioner founded upon the Amendment to the Income-tax Act whereby the Service Tax provisions were introduced. It clearly shows that even the Parliament did not consider the definition of Telegraph Authority contained in Section 3(6) of the Telegraph Act to include a licensee per se. 14. The Supreme Court has given a broad interpretation to Section 3 of the Consumer Protection Act, in the light of the clear expression used by the Parliament, which states that the Consumer Protection Act shall be in addition to and not i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
