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Coinpar & Another v. General Manager, Telecom District & Others

Coinpar & Another
v.
General Manager, Telecom District & Others

(Supreme Court Of India)

C. A. No. 7127 of 2000 | 27-02-2002


1. Respondent 4 herein filed a complaint before the District Consumer Redressal Forum (hereinafter referred to as "the Forum") on the ground that disconnection of his telephone was illegal and arbitrary. The Department took a preliminary objection before the Forum that such a complaint cannot be entertained by the Forum. The said objection was overruled and the complaint was allowed. The Department, instead of filing an appeal before the State Consumer Redressal Commission filed a petition under Art.226 of the Constitution before the High Court. Learned Single Judge of the High Court dismissed the writ petition filed by the aforesaid holding that the Forum under the Consumer Protection Act (hereinafter referred to as " the") has the jurisdiction to entertain and decide the dispute between the subscriber and the Department, though remedy by way of arbitration is also available under S.7B of the Telegraph Act.

2. Aggrieved, the respondent herein preferred a writ appeal before a Division Bench of the High Court. The appellate court was of the view that the District Consumer Disputes Redressal Forum under the has no jurisdiction to entertain the complaint of the consumer in view of the expressed remedy by way of arbitration provided under S.7B of the Telegraph Act. Consequently, the appeal was allowed and the judgment of learned Single Judge and that of the Forum was set aside.

3. The complainant who filed the complaint before the Forum, who was also respondent in the appeal, has not chosen to challenge the order of the High Court and accepted the said judgment.

4. The appellant which claims to be an association, working in public interest, preferred an appeal against the judgment of the High Court with an application for permission to file special leave petition. The said permission was granted.

5. After the matter was heard, we find that the appellant was neither a party in the case before the Forum nor before the High Court. It is not shown before us in what manner the appellant is aggrieved against the judgment of the High Court. The complainant has accepted the judgment of the High Court and thus the said judgment has attained finality. The appellant having no locus standi cannot be permitted to challenge the judgment of the High Court.

6. The appeal is, accordingly, dismissed, leaving the question of law open to be decided in some other cases. There shall be no order as to costs.

Advocates List

For the Petitioner ------ For the Respondents -------

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE V.N. KHARE

HON'BLE MR. JUSTICE ASHOK BHAN

Eq Citation

(2004) 13 SCC 772

LQ/SC/2002/281

HeadNote

Consumer Protection — Locus standi — Standing to file appeal — Appellant association working in public interest — Neither party before the Forum nor before the High Court — Held, appellant association having no locus standi cannot be permitted to challenge the judgment of the High Court