Telecom matters back to Consumer Commissions

It was16th Feb 2022 , a historic day when the Hon’ble Apex Court after long thirteen years declared  on 16th Feb 2022 in Civil Appeal No 923 of 2017

(Arising out of SLP (C) No 28615 of 2016) Vodafone Idea Cellular Ltd. Versus Ajay Kumar Agarwal that Consumer Protection Act is a Specific act and not a General act. The three judge’s bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath further observed that the existence of an Arbitral clause under the Indian Telegraph Act, 1885, will not oust the jurisdiction of the consumer forum.

The above order was in appeal arising out of judgment dated 26 May 2016 of the National Consumer Disputes Redressal Commission

This judgment is not the result of incorporating word telecom in the Consumer Protection Act 2019 but a revisit by the apex court three judges bench on the merit of the case as it stands under earlier Consumer Protection Act 1986 also. Apex court reversed the order finding it erroneous in view of the applicability of then prevailing law

Supreme Court finally held -

·        Consumer Protection Act is a specific law.

·        Services of telecom nature are services under consumer protection act as an additional remedy to the consumers, not limited to specific words in the act

·        Arbitration clause does not bar consumers to file their telecom cases before the consumer commissions. 

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