IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 10374 of 2011(V) ---------------------------------- PETITIONER(S): ------------------- E.V.THOMAS, ERATTAMUNDACKAL HOUSE, NADAVAYAL P.O., PANAMARAM, WAYANAD DISTRICT. BY ADV. SRI.SUNIL CYRIAC RESPONDENT(S): -------------------- 1. THE BHARAT SANCHAR NIGAM LIMITED, REPRESENTED BY ITS GENERAL MANAGER, O/O THE PRINCIPAL GENERAL MANAGER, TELECOM, KOZHIKODE-673 001. 2. THE ACCOUNTS OFFICER-TR, BSNL, KOZHIKODE SSA, KOZHIKODE-673 001. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, AMBALAVAYAL, AMBALAVAYAL P.O., PIN 673 593, WAYANAD DISTRICT. 4. THE VILLAGE OFFICER, NADAVAYAL, NADAVAYAL P.O., PIN-670 721, WAYANAD DISTRICT. R1 & 2 BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL R3 & R4 BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs. ANTONY DOMINIC, J. ================ W.P.(C) NO. 10374 OF 2011 ===================== Dated this the 5th day of April, 2011 J U D G M E N T Petitioner was a subscriber of the 1st respondent with telephone No.220176. When Exts.P1, P2 and P3 bills were issued, petitioner raised dispute regarding the amount demanded. He approached the Consumer Disputes Redressal Forum. That was dismissed as not maintainable. Recovery proceedings were initiated. He moved the 1st respondent itself, which resulted in Ext.P8 whereby certain discount was given to the petitioner. It is still aggrieved, petitioner has approached this Court. 2. It is the common case of both the parties that if a consumer is aggrieved by the bill issued, the remedy is to seek arbitration under Section 7B of the Indian Telegraph Act. It is seen that seeking such a relief, Ext.P7 application has been made by the petitioner before the 1st respondent, which is still pending. 3. Therefore, I dispose of this writ petition with the following directions:- (1) That the 1st respondent shall refer the dispute raised by the petitioner in Ext.P7 for arbitration by appointing a WPC No. 10374/11 :2 : competent arbitrator in terms of Section 7B of the Indian Telegraph Act. (2) It is directed that in the meanwhile further proceedings pursuant to Ext.P5 for recovery of the amount will stand stayed on the petitioner remitting an amount of `5,000/-, which shall be remitted to the 1st respondent within two weeks from today. ANTONY DOMINIC, JUDGE Rp