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REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO. 7687  OF 2004

General Manager, Telecom .... Appellant

Versus

M. Krishnan & Anr. .... Respondent

O R D E R

Heard learned counsel for the appellant.

No one appears for the respondents although they had  

been served.   

This  appeal  is  directed  against  the  Full  Bench  

judgment and order dated 14.02.2003 of the High Court of  

Kerala at Ernakulam whereby the Writ Appeal filed by the  

appellant herein has been dismissed.   

The dispute in this case was regarding non-payment  

of telephone bill for the telephone connection provided to  

the respondent No. 1 and for the said non-payment of the  

bill the telephone connection was disconnected.  Aggrieved  

against the said disconnection, the respondent No. 1 filed a  

complaint  before  the  District  Consumer  Disputes  Redressal  

Forum, Kozhikode.  By order dated 26.11.2001, the Consumer  

Forum  allowed  the  complaint  and  directed  the  appellant

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herein  to  re-connect  the  telephone  connection  to  the  

respondent No. 1 and pay compensation of Rs. 5,000/- with  

interest @ 12% per annum from the date of filing of the  

complaint.   

Aggrieved against the order of the Consumer Forum,  

the appellant filed a writ petition before the High Court  

of  Kerala  challenging  the  jurisdiction  of  the  consumer  

forum.  A learned Single Judge of the High Court dismissed  

the writ petition. Thereafter, the appellant filed a Writ  

Appeal before the Division Bench of the High Court.  The  

Division Bench felt that the matter required consideration  

by a larger Bench and hence the matter was placed before the  

Full Bench.  By the impugned order the Full Bench of the  

High  Court  has  dismissed  the  writ  appeal.   Hence,  the  

appellant is before us by way of present appeal by special  

leave.

In  our  opinion  when  there  is  a  special  remedy  

provided  in  Section  7-B  of  the  Indian  Telegraph  Act  

regarding disputes  in respect of telephone bills, then the  

remedy under the Consumer Protection Act is by implication  

barred.  Section 7-B of the Telegraph Act reads as under:-

“S. 7B Arbitration of Disputes :-

(1) Except as otherwise expressly provided in

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this Act, if any dispute concerning any telegraph  

line, appliance or apparatus arises between the  

telegraph  authority  and  the  person  or  whose  

benefit the line, appliance or apparatus is, or  

has  been  provided,  the  dispute  shall  be  

determined  by  arbitration  and  shall,  for  the  

purpose of such determination, be referred to an  

arbitrator  appointed  by  the  Central  Government  

either specifically for the determination of that  

dispute  or  generally  for  the  determination  of  

disputes under this Section.   

(2) The  award  of  the  arbitrator  appointed  

under sub-s. (1) shall be conclusive between the  

parties  to  the  dispute  and  shall  not  be  

questioned in any Court.”

Rule 413 of the Telegraph Rules provides that all services  

relating to telephone are subject to Telegraph Rules.  A  

telephone connection can be disconnected by the Telegraph  

Authority  for  default  of  payment  under  Rule  443  of  the  

Rules.

It is well settled that the special law overrides  

the general law.  Hence, in our opinion the High Court was  

not correct in its approach.  

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In Chairman, Thiruvalluvar Transport Corporation Vs.  

Consumer Protection Council (1995) 2 SCC 479 it was held  

that  the  National  Commission  has  no  jurisdiction  to  

adjudicate upon claims for compensation arising out of motor  

vehicles accidents.  We agree with the view taken in the  

aforesaid judgment.   

In view of the above, we allow this appeal, set  

aside the impugned judgment and order of the High Court as  

well  as  the  order  of  the  District  Consumer  Forum  dated  

26.11s.2001.   

Appeal allowed.  No order as to the costs.

.....................J.       (MARKANDEY KATJU)

.....................J.                (ASOK KUMAR GANGULY)

NEW DELHI; SEPTEMBER 01, 2009