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NATIONAL CONSUMER DISPUTES
REDRESSAL COMMISSION, NEW DELHI
Hon’ble Mr. Justice V. Balakrishna Eradi, President; Mrs. A.S. Vijayakar,
Mr. Y. Krishan & Hon’ble Mr. Justice B.S. Yadav, Members
AKHIL BHARTIYA GRAHAK PANCHAYAT—Complainant
versus
STATE OF GUJARAT—Opp. Party
Revision Petition No. 108 of 1993—Decided on 15.12.1993

Subject

Consumer Protection - DEFINITION OF CONSUMER

Act Referred

CONSUMER PROTECTION ACT : S.2(1)(d)

Headnote

Consumer Protection Act, 1986 - Section 2(1)(d) "Consumer" and hiring of service - In entertaining and adjudication of a suit the court acts in a sovereign judicial power - It does not render "service" for the court fee paid Party cannot be said hiring services for consideration - State Commission was right in dismissing complaint alleging deficiencies in the set up of civil Judicial Administration. (Para 3)

       Result: Revision dismissed.

       IMPORTANT POINT

       In entertaining and adjudicating a suit the court is acting in exercise of sovereign judicial power of state and is not rendering a service in pursuance of a contract between the litigant and the court for consideration by way of court fee.

       

Advocates:
Counsel for the Parties :
For the Complainant :Mr. K.K. Kini, Advocate.
For the Opp. Party : None.

ORDER

Mr. Justice V. Balakrishna Eradi, President — The question raised in this Revision Petition is whether a litigant who has instituted a suit or other proceeding in a Civil Court after payment of “Court fee” can be regarded as a “consumer” who has “hired” or “availed of” a service on payment of consideration. The State Commission, Gujarat answered this question in the negative dismissing the complaint which was filed before it by the appellant-herein. Hence this Revision Petition by the complainant.

2. We are in complete agreement with the aforesaid conclusion recorded by the State Commission as well as the reasons set out in the impugned order in support of the said view.

3. In entertaining and adjudicating upon a suit or other proceeding filed before it, the Court is acting in the exercise of the sovereign judicial power of the State and its is not rendering a “service” in pursuance of a contract between the litigant and the Court for which consideration has been collected. The dispensation of justice is conducted by the Court not as a quid pro quo for the Court fee that has been remitted. All sums levied and collected as Court fees go to the Consolidated Fund of the State and hence it cannot be said that the payment of Court fee was by way of “consideration” for the “hiring” or “availing of” a service from the Court. The State Commission was, therefore, perfectly right in setting aside the order of the District Forum and dismissing the complaint petition wherein the grievane put forward by the complainant was that there were serious deficiencies in the set up of the Civil Judicial Administration in the State of Gujarat.

4. The order of the State Commission is accordingly confirmed and this Revision Petition is dismissed. The parties will bear their respective costs.

Revision Petition dismissed.






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