IMPORTANT POINT
If there is conflict between General Act and Special Act, provision of Special Act would prevail over provision of General Act.

This appeal has been filed by the Appellant against the order dated 29.10.2007 passed by the Orissa State Consumer Disputes Redressal Commission, Cuttack (in short, ‘the State Commission’) in C.D. Case No. 42 of 2004 – Orissa Consumers’ Association v. Sky View (Home Cable) Ortel Communication Ltd. by which, while allowing complaint, OP No. 1 was directed to make necessary publication of the subscriber rates in newspapers.

2. Brief facts of the case are that complainants/Respondent Nos. 1 to 5 filed complaint before State Commission and alleged that OP No.1/petitioner is charging excess price arbitrarily in providing TV cable service to the subscribers in contravention of tariff prescribed by the Telecom Regulatory Authority of India (TRAI). Alleging deficiency on the part of OP, complainants prayed for refund of excess price collected from subscribers with interest. OP No.1/petitioner filed written statement and denied allegation of arbitrary/excess price for providing cable TV service to the customers. It was further submitted that tariff of Rs.72 fixed by TRAI is applicable only to the areas where the Conditional Access System (CAS) is in operation and State of Orissa is not covered under CAS area; hence, tariff of Rs.72 is not applicable to the complainants and prayed for dismissal of complaint. Learned District Forum after hearing both the parties observed that price ceiling of Rs.72 per month is not applicable to the State of Orissa but as OP No.1 is gradually increasing charges per month, learned State Commission directed OP No.1 to make necessary publication of the subscription rates with brief reasons for increase on periodic basis in one of the daily newspapers against which, this appeal has been filed.

3. None appeared for Respondent Nos. 1 to 5, 7 & 8.

4. Heard learned Counsel for the appellant and Respondent No. 6 and perused record.

5. Learned Counsel for the appellant submitted that as State of Orissa was not declared CAS area, there was no price ceiling and learned State Commission had no jurisdiction to deal with the complaint; even then, learned State Commission committed error in allowing complaint and giving direction to the appellant; hence, appeal be allowed and impugned order be set aside. Learned Counsel for the Respondent No. 6 supported learned Counsel for the appellant.

6. Perusal of complaint reveals that it has been filed by Orissa Consumers’ Association, registered Association along with four independent consumers. Hon’ble Apex Court in Union of India v. Tata Teleservices (Maharashtra) Ltd., (2007) 7 SCC 517 has held in paragraph 7 as under:

“7. Section 14 of the Act deals with the establishment of the TDSAT. It appears to be appropriate to set down the said Section hereunder:

14. Establishment of Appellate Tribunal - The Central Government shall, by notification, establish an Appellate Tribunal to be known as the Telecom Disputes Settlement and Appellate Tribunal to:

(a) adjudicate any dispute:

(i) between a lincesor and a licensee;

(ii) between two or more service providers;

(iii) between a service provider and a group of consumers:

Provided that nothing in this clause shall apply in respect of matters relating to:

(A) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the Monopolies and Restrictive Trade Practices Commission established under sub-section (1) of Section 5 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969);

(B) the complaint of an individual consumer maintainable before a Consumer Disputes Redressal Forum or a Consumer Disputes Redressal Commission or the National Consumer Redressal Commission established under section 9 of the Consumer Protection Act, 1986 (68 of 1986);

(C) dispute between telegraph authority and any other person referred to in sub-section (1) of section 7B of the Indian Telegraph Act, 1885 (13 of 1885);

(b) hear and dispose of appeal against any direction,