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Issues involved: Dispute over non-payment of telephone bill, jurisdiction of Consumer Forum vs. special remedy under Section 7B of the Indian Telegraph Act.
The judgment pertains to a dispute where the telephone connection of the respondent was disconnected due to non-payment of the telephone bill. The respondent filed a complaint before the District Consumer Disputes Redressal Forum, which directed the re-connection of the telephone and payment of compensation. The appellant challenged this in the High Court of Kerala, arguing that the Consumer Forum lacked jurisdiction. The Full Bench of the High Court dismissed the writ appeal, leading to the current appeal before the Supreme Court. The Supreme Court analyzed the provisions of Section 7B of the Indian Telegraph Act, which provides for arbitration of disputes concerning telegraph lines. The Court noted that when a special remedy is provided under a specific law, such as Section 7B, it implies that the remedy under the Consumer Protection Act is barred. The Court highlighted Rule 413 of the Telegraph Rules, stating that telephone services are subject to these rules, and a telephone connection can be disconnected for non-payment under Rule 443. Citing the principle that a special law overrides a general law, the Court held that the High Court erred in its approach. The Court referred to a previous judgment regarding the jurisdiction of the National Commission in specific matters, emphasizing that specialized bodies should handle disputes within their domain. Consequently, the Supreme Court allowed the appeal, setting aside the judgments of the High Court and the District Consumer Forum. In conclusion, the Supreme Court allowed the appeal, overturning the decisions of the lower courts. No costs were awarded in this matter.
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