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PUNJAB STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, CHANDIGARH
Honble Mr. Justice A.L. Bahri, President;
Mr. Ram Lal Gupta & Mrs. Gurkanwal Kaur, Members
GIAN CHAND—Appellant
versus
EXECUTIVE OFFICER, MUNICIPAL
COMMITTEE & ANR.—Respondents
Appeal No. 15 of 1995—Decided on 12.7.1995

Advocates:
Counsel for the Parties :
For the Appellant : In person.
For the Respondents:Mr. Arvind Bansal, Advocate.

Headnote:

Consumer Protection Act - Definition of Consumer - The complainant's application for certified copies of public documents did not make him a consumer as defined under the Consumer Protection Act. The jurisdiction of the Consumer Forum can only be invoked by a consumer as defined under the Act. Merely applying for certified copies on payment of requisite fees does not make the complainant a consumer under the Act.

Fact of the Case:

The appellant applied to Municipal Committee, Raikot, District Ludhiana for obtaining certified copies of its records, plans etc. His request was not acceded to, and he moved a complaint under the provisions of the Consumer Protection Act before the District Forum, Ludhiana. The District Forum dismissed the complaint, holding that the complainant was not a consumer as defined and there was no deficiency of service on the part of the opposite party.

Finding of the Court:

The court found no merit in the appeals and dismissed them. It emphasized that the complainant's application for certified copies did not make him a consumer as defined under the Consumer Protection Act, and therefore, the jurisdiction of the Consumer Forum could not be invoked.

Issues: The main issue was whether the complainant could be treated as a consumer as defined under the Consumer Protection Act to invoke the jurisdiction of the Consumer Forum for the grant of relief.

Ratio Decidendi: The court held that the complainant's application for certified copies on payment of requisite fees did not make him a consumer as defined under the Act, and therefore, the jurisdiction of the Consumer Forum could not be invoked.

Final Decision: Both the appeals were dismissed with no order as to costs. The court upheld the decision of the District Forum, emphasizing that the complainant was not a consumer as defined under the Consumer Protection Act.

ORDER

Mr. Justice A.L. Bahri, President — Vide this order. Appeal Nos. 15 and 16 of 1995 are being disposed of as common question of law is involved. Facts are taken from Appeal No. 15 of 1995.

2. Gian Chand, appellant applied to Municipal Committee, Raikot, District Ludhiana for obtaining certified copies of its records, plans etc. His request was not acceded to that he moved a complaint under the provisions of the Consumer Protection Act before the District Forum, Ludhiana. On notice of the same, the opposite party contested inter alia asserting that the complaint was not maintainable. The complainant had no locus standi as he was not a consumer as defined under the Act and there was no deficiency of service either in not entertaining the application for supply of copies or for not entertaining the application for not supplying the same. The District Forum vide its order dated 10.3.95 dismissed the complaint inter alia holding that the complainant was not a consumer as defined and there was no deficiency of service on the part of the opposite party.

3. We have heard the appellant and Counsel for the respondent. We find no merit in the appeals.

4. The appellants who have argued the case themselves vehemently stressed that the public is entitled to supply of copies of public documents on payment of the requisite fees. This was so stated finding support from Section 76 of the Evidence Act. The question in the present case to be considered is as to whether the complainant can be treated as a consumer as defined to invoke the jurisdiction of the Consumer Forum for the grant of the relief and not as to whether under any other provision of the statute or the rules framed thereunder, the complainants are entitled to or deserve to be granted copies of the public documents. The agencies established under Section 9 of the Consumer Protection Act have jurisdiction to entertain complaints with regard to consumer disputes as defined. In order to find out existence of any consumer dispute between the complainant and the opposite party, it is necessary to refer to the definition of a consumer who only can be a complainant in the complaint filed under the provisions of the Act. The word consumer has been defined under Section 2(d) of the Act as under:—

"(d) "consumer" means any person who:—

(i) buy any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purposes; or

(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person."

A perusal of the definition of the consumer as reproduced above indicates two situations where aggrieved person could be described as a consumer. One relates to a purchaser in the purchase of goods on payment of price. This Clause (i) is not attracted to the case in hand for the simple reason that there had been no such sale of goods. The emphasis during arguments has been placed on Clause (ii) of Sub-section (d) of Section 2 of the Act. Contention of the appellants is that it is on payment of the requisite fees that they are to be supplied certified copies of the documents and they would be consumers as defined. It being statutory duty of the authorities, a direction could be given to supply documents to the complainants




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