Back
BEFORE THE RAJASTHAN STATE CONSUMER
DISPUTES REDRESSAL COMMISSION, JAIPUR
FIRST APPEAL NO: 348/2021
Rajasthan
Upbhokta
Sanrakshan
Samiti,
Rajasthan
Registered Office- 76, Sultan Nagar Gurjar ki Thadi, Jaipur-
302019, Through- Secretary, Dr. Pradeep Goyal, Rajasthan
Upbhokta Sanrakshan Samiti. Email- russngo@yahoo.com.
….Appellant/Complainant
Vs.
Jaipur Development Authority Jaipur, JLN Marg, Jaipur-
302017 Through Secretary. Email- jda@rajasthan.gov.in
….Respondent/Opposite Party
Date of Order:
14.11.2022
Before:
Hon’ble Mr. Justice Devendra Kachhawaha-President
Hon’ble Mr. Atul Kumar Chatterjee –Member Judicial
Hon’ble Mr. Shailendra Bhatt- Member
Present:
Mr. Naresh Goyal learned counsel for the appellant
Mr. R.P. Gupta learned counsel for the respondent
BY THE STATE COMMISSION (PER HON’BLE MR.
ATUL KUMAR CHATTERJEE, MEMBER JUDICIAL):
This appeal has been filed against order dated 25.6.2021
of learned DCC Jaipur I in its complaint no. 44/2021 whereby
the complaint filed by appellant committee has been dismissed
at the admission stage on the ground that the complaint is in the
form of a Public Interest Litigation (PIL) for which there is no
provision in Consumer Protection Act, 2019.
Briefly stated the relevant facts of the case are that
appellant committee filed a consumer complaint before the
learned DCC Jaipur I on 13.01.2021 pleading itself to be a
registered consumer association constituted with the object to
bring awareness amongst consumers, to give knowledge of
their rights under various consumer laws and give legal advice
to the consumers for last 30 years. According to the
complainant on 10.9.2020 the executive of the complainant
committee made an inspection of “Ganda Nala Pulia Zone-5,
Gurjar ki Thadi, Gopalpura Bypass Road, Jaipur”. The duty
of constructing the above Bridge (Pulia) and maintaining it
was
of
the
respondent/Opposite
Party.
During
the inspection it was found that during the course of its
construction a pathway (ixM.Mh) 4 feet wide and 100 feet long
was made for being used by the pedestrians. This pathway
(ixM.Mh) was blocked by putting so many pipelines, cables etc.
and the pathway (ixM.Mh) was obstructed by the garbage due to
which the pedestrians could not use the pathway (ixM.Mh). In
the complaint this conduct of respondent/O.P. JDA has been
alleged to be causing deficiency in service and gaining profit
improperly. As per the complaint the respondent JDA is the
service provider and public, in general, is complainant. It has
also been alleged that the complainant committee tried to obtain
various informations regarding the bridge (Pulia) under Right
to Information Act (RTI) but could not get it. It has further been
alleged that the respondent/O.P. JDA is charging money from
the public under various heads which is to be used for
developing
Jaipur.
As
such
the
relation
between
respondent/O.P. and complainant is of service provider and
complainant and the committee has the right to bring the
complaint in the capacity of consumer. In the complaint relief
has been sought to give order to remove the obstructions caused
by the garbage/cables etc. and get the way cleared. Besides this
a compensation of Rs. 4.5 lakhs and litigation cost of Rs.
15,000/- total Rs. 4,65,000/- has also been demanded.
As stated above the learned DCC vide order dated
25.06.2021, after hearing the learned counsel for the
appellant/complainant on admission, has dismissed the
complaint at the admission stage on the ground that there is no
provision available in Consumer Protection Act, 2019 for
allowing Public Interest Litigation (PIL).
This appeal was listed for admission on 13.8.21
whereupon it was ordered that the original record of the learned
DCC be called for. Thereafter on 8.9.21 this Commission, after
hearing the learned counsel for the appellant on admission,
ordered to issue notice for admission to
