The Supreme Court in 2009, in the matter of General Manager, Telecom V. M Krishnan, involving BSNL as a party, had ended the jurisdiction of consumer courts to entertain disputes relating to the telecom service provider. But on 04th February 2014, Department of Telecommunication (DOT) issues a memorandum stating: “The District Consumer Forums are competent to deal with the disputes between individual telecom consumers and telecom service providers”.
It further stated: “Since DoT was also the telegraph authority, reference was made by Hon’ble Supreme Court to the provision of section 7B. However, powers of the telegraph authority have neither been vested nor are available to private telecom service providers and BSNL. Therefore, recourse to section 7B in case of disputes between consumers and private service providers and BSNL would not be available.”
At present, consumers have to follow a cumbersome process to resolve disputes with telecom firms. Though, complaints should be handled as per the guidelines issued by the Telecom Regulatory Authority of India (TRAI), the process remains largely inclined towards the service provider. Therefore, it has been protested since Supreme Court Judgment in 2009, which barred Consumer Forums/Courts jurisidciton.
DoT has sent this position before department of consumer affairs, chief secretaries and administrators of state and union territories for taking up the matter with various consumer courts.
Read More @ http://articles.economictimes.indiatimes.com/2014-02-04/news/47005017_1_telecom-disputes-indian-telegraph-act-telegraph-authority