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2025 Supreme(Online)(SCDRC) 31383

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
DISTRICT COOPERATIVE OFFICER AND 1 ANOTHER – Appellant
Versus
NGANGOM IBOTOMBI SINGH AND 6 ORS – Respondent
SC/14/A/5/2024



Petitioner Advocates:TH. RAGHUMANI SINGH,TH RAGHUMANI SINGH ,Respondent Advocate: Mr.L.Brojen Singh

STATE CONSUMER DISPUTES REDRESSAL COMMISSION MANIPUR FIRST APPEAL NO. SC/14/A/5/2024 DISTRICT COOPERATIVE OFFICER AND 1 ANOTHER PRESENT ADDRESS - RTI OFFICE BISHNUPUR ,MANIPUR.

ASSISTANT REGISTRAR OFCOOPERATIVE SOCIETIES, NAMBOL CO COOPERATIVE SOCIETY PRESENT ADDRESS - RTI OFFICE NAMBOL,MANIPUR.

.......Appellant(s)

Versus NGANGOM IBOTOMBI SINGH AND 6 ORS PRESENT ADDRESS - OINAM WARD NO.4 BISHNUPUR,MANIPUR.

.......Respondent(s)

BEFORE:

HON'BLE MRS. A.NIBEDITA DEVI , PRESIDING MEMBER HON'BLE MRS. M. PEMILA , MEMBER HON'BLE MR. N. BANIKUMAR SINGH , MEMBER FOR THE APPELLANT:

DISTRICT COOPERATIVE OFFICER AND 1 ANOTHER, TH. RAGHUMANI SINGH (Advocate)

ASSISTANT REGISTRAR OFCOOPERATIVE SOCIETIES, NAMBOL CO COOPERATIVE SOCIETY, TH RAGHUMANI SINGH (Advocate)

FOR THE RESPONDENT:

NGANGOM IBOTOMBI SINGH AND 6 ORS, Mr.L.Brojen Singh (Advocate)

DATED: 01/10/2025

ORDER

This is an appeal filed on 16.05.2024 against the Order dated 15.03.2024 passed by the District Commission, Bishnupur passed in Consumer Complaint No.5 of 2023 directing the Appellant to compensate the Respondents with a sum of Rs. 2 lakhs for causing mental agony, loss and to pay Rs.20,000/- (Rupees Twenty thousand) as costs of the Complainant. Above all these to deposit another sum of Rs.1,00,000/- (Rupees One lakh) in the Consumer Welfare Fund of the District Commission, Bishnupur. After hearing both parties, the District Commission came to the conclusion that as a matter of fact, non-furnishing of information could also be a willful act. No lawful/appropriate explanation/ground has been brought on record by the respondent Nos.1 & 2 to show that there has not been any willful act or default on the part of any of its officers. Instead of taking action against its officer for their default and willful act, the respondent Nos.1 and 2 remain silent so far. The complainant has certainly suffered a great deal of helplessness and disappointment and mental harassment. Time has come when it should be impressed upon every staff in their office that the loss caused to consumer is not only a loss to an individual but also to the society at large as public confidence is being shaken to the detriment of the entire society.

Thus, the respondent Nos.1 & 2 are jointly and severally liable.

2. The Consumer Protection Act came into being in the year 1986 (now the Consumer Protection Act in 2019) with the sole aim to protect the interest of the consumer by providing a cheap and quick remedy. Therefore, respondents shall i. furnish the information sought by the complainants;

ii. compensate the complainant with an amount of Rs.2,00,000/- for causing mental agony and loss to the complainants by the concern officials, officers of the respondents.

iii. pay a sum of Rs.20,000/- as the cost of the complaint.

iv. deposit Rs.1,00,000/- by way of punitive damages in the Consumer Welfare Fund of the Commission to create more awareness among the consumers from getting deceived by the respondent Nos.1 & 2.

3. The Respondent Nos. 1 & 2 are directed to comply jointly/severally with above directions within 2(two) weeks from the date of this order, failing which it shall be liable to pay default interest@ 12% p.a from the date of the order till payment and the complainant is also at liberty to file criminal case against them for the offence punishable under Section 72(1) of the Consumer Protection Act, 2019.

4. The Appellant challenged the impugned order on the grounds that a. For that, the Complainants/Respondents filed a case against the Appellants before the Hon’ble District Consumer Dispute Redressal Commission (District Commission), Bishnupur, Manipur, which is not maintainable, as the Ld. District Commission, Bishnupur is not right Forum and has no jurisdiction to decide the matter related to RTI Applicant(s).

b. For that, the Complainats/Respondents without exhausting the available remedy available provided under section 19 of RTI Act, 2005 allegedly put their grievances to wrong Forum. The act of Complainants/Respondents i

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