Consumer forum jurisdiction over telecom disputes survives statutory arbitration under the Telegraph Act, with consumer remedies remaining available.

The wide definition of "service" under the Consumer Protection Act, 1986 covers telecom services except where they are rendered free of charge or under a contract of personal service. Section 3 of the 1986 Act makes its remedies additional to other laws, so a statutory arbitration mechanism under Section 7B of the Indian Telegraph Act, 1885 does not by itself exclude consumer jurisdiction. Ouster of jurisdiction cannot be readily inferred, and where the earlier Telegraph Act and the later consumer statute cannot be reconciled, the consumer-protection remedy prevails. The consumer forum therefore retains jurisdiction over the telecom dispute and the complaint remains maintainable.

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Issues: Whether the statutory arbitration remedy under Section 7B of the Indian Telegraph Act, 1885 ousts the jurisdiction of the consumer forum to entertain a telecom service dispute.

Analysis: The definition of "service" under the Consumer Protection Act, 1986 is of wide amplitude and covers services of every description except those rendered free of charge or under a contract of personal service. The Act of 1986 is a special welfare legislation enacted to protect consumer interests, and Section 3 declares that its remedies are in addition to, and not in derogation of, other laws. A statutory arbitration mechanism under the Telegraph Act does not, by itself, create an exclusion of consumer jurisdiction. Ouster of jurisdiction cannot be lightly inferred, and the subsequent consumer-protection enactment prevails where the earlier special law and the later consumer statute cannot be reconciled.

Conclusion: The consumer forum's jurisdiction is not ousted by Section 7B of the Indian Telegraph Act, 1885, and the complaint is maintainable.

Ratio Decidendi: A statutory arbitration remedy under an earlier special enactment does not exclude consumer jurisdiction where the later consumer-protection law provides an ional remedy and no express or necessary implied bar exists.

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