के न्द्रीय सूचना आयोग Central Information Commission बाबा गंगनाथ मागग, मुननरका

Baba Gangnath Marg, Munirka नई निल्ली, New Delhi – 110067 File No: CIC/MCAFP/C/2025/600084 ASIM GOPAL BARMAN .….अपीलक VERSUS बनाम CPIO : Director cum CPIO, Central ….प्रनर्वािीगण /Respondent Consumer Protection Authority, CCPA, Krishi Bhawan, New Delhi 110001 Date of Hearing : 19-02-2026 Date of Decision : 19-02-2026 INFORMATION COMMISSIONER : Khushwant Singh Sethi Relevant facts emerging from appeal:

RTI application filed on : 07-09-2024 CPIO replied on : 03-10-2024 First appeal filed on : 04-11-2024 First Appellate Authority’s order : 26-11-2024 2nd Appeal dated : 31-12-2024 Information sought:

1. The Appellant filed an RTI application dated 07-09-2024 seeking the following information:

“References: This RTI application is referenced/connected with (1) two emails sent to The Chief Commissioner, Central Consumer Protection Authority (CCPA) (com-ccpa@nic.in) on Feb 04, 2024 and Feb 26, 2024. from asimgopal.barman@gmail.com (Asim Gopal Barman). and (2) A hard copy of letter to The Chief Commissioner, CCPA, New Delhi by Speed Post with consignment number (EW019020214IN) delivered on 01/03/2024.

Questions/information required:

1. I need to know/get the acknowledgement of the receipt of my two emails sent to (com-ccpa@nic.in) on Feb 04, 2024 and Feb 26, 2024 and the hard copy letter with evidence / proof through speed post article number (EW019020214IN), sent to the CCPA and which was delivered on 01/03/2024. 2. I need to know/get the action-taken- report by the Chief Commissioner, CCPA, New Delhi against the (i) Tata Motors Passenger Vehicle Ltd. (TMPVL) and (ii) its dealership M/S- Dulichand Motors Pvt. Ltd, Kolkata, West Bengal for adopting Unfair Trade Practices & Restrictive Trade Practices and Gross Violation of Consumer Protection Acts.

3. I need to know the/get the action-taken-report by the TMPVL against the concerned sales team of TMPVL and the fraud dealership M/S- Dulichand Motors Pvt. Ltd. Kolkata in case the action-taken-report by the TMPVL shared with the CCPA.”

2. The CPIO furnished a reply to the Appellant on 03-10-2024 stating as under:

“1. Received

2. It is to further inform that CCPA is untrusted to take class action as per statute.

3. This information is not available with the undersigned.”

3. Being dissatisfied, the Appellant filed a First Appeal dated 04-11-2024.

The FAA vide its order dated 26-11-2024, upheld the reply given by the CPIO.

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Attended the hearing through video conference.

Respondent: Smt. Kanakavalli Mahendran, Under Secretary along with Mr. Anurag Mishra, Section officer, on behalf of CPIO, attended the hearing in person.

5. The complainant stated that he had raised complaints against Tata Motors Passenger Vehicle Ltd. (TMPVL) and its dealer M/S- Dulichand Motors Pvt. Ltd, Kolkata, West Bengal for adopting Unfair Trade Practices & Restrictive Trade Practices and Gross Violation of Consumer Protection Acts. The complainant submitted that eight more persons had raised complaint against the aforesaid company and dealer but the respondent instead of accepting the same as class complaint had wrongly answered to him that CCPA is untrusted to take class action. The complainant contended that since eight more complaints were raised against the said company, the respondent ought to have taken it as a class complaint as per the Consumer Protection Act, 2019.

6. The Respondent submitted that the complainant’s grievance is individual in nature and is not impacting consumers as a class. Hence, the complainant has to register his grievance at National Consumer Helpline or approach Consumer Commission.

7. Written submission dated 18.02.2026 filed by the respondent is taken on record and relevant portion of the same is reproduced below:

“4. In view of the above, the follo