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K.J.VAIDYA, JATIN P.VAIDYA
T. U. MEHTA – Appellant
Versus
AHMEDABAD TELECOM DISTRICT – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :In person & Mr. S.S. Shah, Advocate.
For the Respondents:Mr. K.A. Dave, Advocate.

ORDER

Mr. Justice K.J. Vaidya, President — This appeal raises the following four questions of vital importance going to the roots of the applicability of the Consumer Protection Act, 1986 (for short Act) in the matter of deficiency in service of telephone and other incidental questions relating thereto. They are Firstly whether and when a subscriber of telephone makes a grievance of deficiency in service against the Telecom Department in respect of not attending to the fault and accordingly approaches the Consumer Disputes Redressal Forums for the reliefs by way of various compensation etc. under the Act, can it be forestalled and denied by the department conveniently pleading privilege rather immunity under the pretext namely Section 9 of Indian Telegraph Act, 1885 and the rules made there under challenging on the ground that as Forums have no jurisdiction to entertain such complaints? Secondly, "whether and when subscriber of the telephone makes a definite grievance of deficiency in service in respect of not attending to the fault in time, the vague and general denial and defence of the rain causing cable faults at number of places etc. without proving much less bringing even an















































































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