Telecom matters back to Consumer Commissions
It was16th Feb 2022 , a historic day when the Hon’ble Apex Court after long thirteen years declared on 16th Feb 2022 in Civil Appeal No 923 of 2017
(Arising out of SLP (C) No 28615 of 2016) Vodafone Idea Cellular Ltd. Versus Ajay Kumar Agarwal that Consumer Protection Act is a Specific act and not a General Act. The three judge’s bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath further observed that the existence of an Arbitral clause under the Indian Telegraph Act, 1885, will not oust the jurisdiction of the consumer forum.
The above order was in appeal arising out of judgment dated 26 May 2016 of the National Consumer Disputes Redressal Commission
This judgment is not the result of incorporating word telecom in the Consumer Protection Act 2019 but a revisit by the apex court three judges bench on the merit of the case as it stands under earlier Consumer Protection Act 1986 also. Apex court reversed the order finding it erroneous in view of the applicability of then prevailing law
Supreme Court finally held –
• Consumer Protection Act is a specific law.
• Services of telecom nature are services under consumer protection act as an additional remedy to the consumers, not limited to specific words in the act
• Arbitration clause does not bar consumers to file their telecom cases before the consumer commissions.
(2)
• Supreme court Struck down clause 28 of CBSC on 7th Jan 2022
• Sukriti Gupta & others Case had come up before the Supreme court in year 2021 in which number of class 12 students had filed petition to permit the class 12 students to opt for retaining marks of their previous exams in case they get less marks in improvement exams. Supreme court vide their order in this case had directed CBSC to re think on the issue and consider request of the students
• CBSC adopted the Standard formula as per their policy and considered the cases where student had failed in improvement exam but was pass in original exam . those who failed in improvement exam were passed on the basis of previous exams but did not consider to give option to students for retaining previous marks
• SC Struck down clause 28 of CBSC policy which held that marks in later improvement exams will be considered as final for assessment of class 12 exams for the last academic year the bench directed to provide the option to candidate to accept better of the two marks obtained for final declared of results
• Court specifically asked CBSC-Give us justification why it is not possible ?In the past year you have done it ,why not this time /Court made a remark that CBSC has not given justification for departure and struck down the clause CBSC to provide option to the candidates
SUKRITI AND OTHERS V/S CBSC WP 1214/2021
By Dr Prem Lata
