Legal Question in Consumer Law in India

Apex court in allowing a Civil Appeal 7687 of 2004 by general manager telecom, on 1/9/2009, has held , as there is special remedy in section 7 B of Indian Telegraph Act in respect of disputes pertaining to telephone connections by way of arbitration, the remedy under Consumer Protection Act is by implication barred. Remedies given by the District consumer forum in this case against the General Manager was set aside. This has caused concern amongst litigants who are following cases in consumer foras , not only in Telegraph field but also in others like railways , postal ect. One quotable was a blog written by a ex-member Ms Lalitha Kulkarni of Mombai District Forum in Mombai Grahak Panchayat dated Nov 2 , 2009. The concern is that �Consumer Protection Act 1986 needs Protection�
I am following cases in which, contract entered with; provide an arbitration clause to settle disputes. Do I have any defense if the respondents in the cases ask for dismissal of my complaint quoting the above observation of Apex Court?

Asked on 11/06/09, 6:10 am

Seshadri Srinivasan www.lawconcern.com

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There are ALSO a couple of judgments of the Apex court that despite Section 7B of Telegraph Act, actions under Consumer Protection Act is not barred.

Answered on 11/06/09, 6:29 am

KAMAL GROVER

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I m agreed with the advice of my colleague

For more detail Plz. Contact

Regards

Answered on 11/11/09, 12:35 am

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