District forum's order on defective internet service set aside

CHENNAI: A district consumer forum order on a complaint alleging deficiency of service by an internet service provider has been rendered invalid due to legal developments that followed. In the wake of a Supreme Court ruling in 2009, the State Consumer Disputes' Redressal Commission (SCDRC) has found that the case did not fall within the jurisdiction of the Consumer Protection Act but is covered by the Indian Telegraphic Act.
R Thanumalayan of Kothaval Chavadi Street in Saidapet filed a complaint saying he had taken a broadband connection offered by Tata Communications Internet Services (earlier known as Dishnet DSL) in December 2000. He was a retired man and the connection was meant for his son's official work. Since the connection was bad, he switched to BSNL. In his complaint filed before the district forum, he alleged deficiency of service by Dishnet DSL.
The district forum ordered a compensation of Rs 62,500 which covered the deposit made by Thanumalayan and a penalty on the company. While hearing the appeal, a bench of Justice M Thanikachalam, J Jayaram and Vasugi Ramanan from the SCDRC noted that the order was passed in December 2008.
A year later, the apex court had said that disputes relating to telecom services should come under the Indian Telegraphic Act. The SCDRC concluded that it had no jurisdiction and declared that the order of the district forum should also be set aside.
It also pointed out that since the connection was obtained to help run a business, the transaction is a commercial transaction. These are excluded from the purview of the Consumer Protection Act. "In view of this, the complaint is not maintainable. This was not properly considered by the district forum ," the bench concluded. TNN