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Issues: Whether the consumer forum had jurisdiction over a dispute concerning non-payment of telephone bills in view of the special remedy of arbitration under the Telegraph Act and the Telegraph Rules.
Analysis: The statutory scheme provided a specific mechanism for disputes concerning telegraph lines, appliances or apparatus by reference to arbitration under Section 7B of the Indian Telegraph Act. The telephone service was also governed by the Telegraph Rules, and the authority was empowered to disconnect service for default of payment. In such circumstances, the special remedy under the Telegraph Act excluded recourse to the general remedy under the Consumer Protection Act. The principle applied was that a special law overrides a general law, and the consumer forum could not assume jurisdiction over the dispute.
Conclusion: The consumer forum lacked jurisdiction, and the complaint was not maintainable.