MADRAS PROV. CONSUMER ASSOCIATION vs SHIRI MURUGAN SILK CENTRE

THIS complaint is by a Consumers Association.

IT is alleged that the opposite parties are indulging in unfair trade practice. IT is prayed that the opposite parties may be admonished for indulging in such practice and to warn them not to do anything that violates the provisions of the Consumer Protection Act. The opposite parties have filed counter denying the said allegations and contending that the complaint is not maintainable.

As said above the complainant is a Consumers Association. In the complaint, it is not stated that any consumer is aggrieved by the alleged act of the Opposite Parties. The question is, in such a case whether the complaint is maintainable.

SECTION 12 of the Consumer Protection Act provides as to who are all the persons who can file a complaint. They are listed under 4 Clauses in it as follows : "(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum, by- (b) 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; (c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit, of, all consumers so interested; or (d) the Central or the State Government."

The complainant association itself is not a consumer with regard to any act of the opposite party and therefore it does not come under Clause (a), it is not the case of the complainant association that it is filing the complaint on behalf of numerous consumers and therefore Clause (c) is not attracted. Clause (d) is with regard to the Central or State Government. Therefore that clause is not attracted. The only clause left is Clause (b). A close reading of this clause would show that an association can file a complaint on behalf of or alongwith a consumer as defined in the Act whether such a consumer is a member of that association or not. But as aforementioned there is no such consumer referred to in the complaint at all. Therefore Clause (b) is also not attracted. Hence it is manifest that the complaint, as it is filed, cannot be maintained. In the result, therefore, the complaint is dismissed. No costs. Complaint dismissed.