AKHIL BHARTIYA GRAHAK PANCHAYAT, PUNJAB vs Union of India

THE important question that arises in this case is about competency of voluntary organisation - a registered one to file the complaint under the provisions of the Consumer Protection Act. THE District Forum, Ludhiana vide order dated October 10,1996 dismissed the complaint filed by Akhil Bhartiya Grahak Panchayat, Punjab, Ludhiana - a voluntary organisation sponsoring cause of Kapur Chand Jain, a telephone subscriber of telephone No. 405267, whose telephone remained out of the order without repairs. A reply to the complaint was filed by the Telephone Department and it was thereafter that the complaint was dismissed on the preliminary point as being not maintainable, as the subscriber had not joined the voluntary organisation in filing the complaint. In the decision of the District Forum, reliance was placed on the decision of the Tamil Nadu State Commission in "Supdt. Telegraph Office v. Secretary, Aranthangly Circle Consumer Forum, II (1996) CPJ 140.

WE have heard the representative Sh. Hans Raj Sharma the appellant - voluntary organisation and Mr. D.C. Mittal, Advocate for the Telephone Department. We are of the view that the order of the District Forum cannot be sustained in law. Voluntary Organisation is defined under Section 2(1)(b)(ii) as a voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force. Section 12 provides - the complaint to be filed by a consumer to whom such goods are sold or delivered or agreed to be delivered or service provided or agreed to be provided or by any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided/ is a member of such association or not. The complaint would have been filed by a consumer or more consumers or by the Central or the State Government. As provided under Section 12(b) there is no impediment that voluntary organisation must join with it the actual consumer. The Supreme Court as back in 1995 has laid down that a voluntary organisation which is registered is competent to file the complaint, in "Consumer Unity & Trust Society, Jaipur v. Chairman & Managing Director, Bank of Baroda, Calcutta & Anr., I (1995) CPJ 1 (SC)=1995 (1) CPR 420. With great respect to the President and Members of the Tamil Nadu State Commission, we do not agree with the view expressed in the case of "Supdt. Telegraph Office" referred to above. It is not necessary for the voluntary organisation for filing complaint under Section 12 of the Act to join the actual consumer. It may be observed that in the matter of leading evidence, the statement of the consumer or his affidavit may be necessary to prove the allegations. Non-joining of the actual consumer per se cannot be impediment on the voluntary organisation to file the complaint. The present complaint as filed by Akhil Bhartiya Grahak Panchayat, Punjab, Ludhiana - a voluntary organisation - is held to be maintainable as it is not disputed that the aforesaid organisation is a registered association.

For the reasons recorded above, this appeal is allowed. Order of the District Forum dismissing the complaint is set aside. Complaint is sent back to the District Forum for decision on merit according to law. The parties are directed to appear before the District Forum on 30.6.1997. Appeal allowed. ______________