Vipin sanghi, J.

1. The present petition under Article 226 of the Constitution of India has been preferred to assail the order dated 22.09.2010 passed by the State Commission constituted under Section 9(b) of the Consumer Protection Act, 1986 in Case No.FA-10/313, whereby the State Commission has dismissed the appeal preferred by the petitioner against the order of the District Forum and held that the complaint preferred by the petitioner under the Consumer Protection Act was barred by Section 7B of the Indian Telegraph Act, 1885.

2. The petitioner filed a consumer case against the respondent no.2, Bharti Airtel Limited and one Mr. Bhupender Kumar, Territory Sales Manager, Bharti Airtel Services Limited before the District Forum, raising grievances with regard to provision of services by them. According to the petitioner, on 05.08.2009, the petitioner had purchased a broad band plan called Home 649, whereunder respondent no.2 had agreed to provide usage of broad band connection with a landline connection with free calls worth Rs.100/-and two email IDs on the said internet connection with configuration of the outlook express software.

3. Since disputes arose in regard to the