NATIONAL FORUM FOR CONSUMER PROTECTION vs KEONJHARGARH MUNICIPALITY And OTHERS

COMPLAINANT is a voluntary consumers association. It has complained against the State Government, Keonjhar Municipality, Rural Water Supply and Sanitary Division, Orissa State Electricity Board, Regional Plant Resource Centers, Cultural Affairs of Government of Orissa, District Excise Office, District Headquarters Hospital, Orissa State Prevention & Control of Pollution Board and The Samaj alleging deficiency in public services and other services relating to municipal services, water supply, electricity, services available from Tourism and Cultural Affairs, public services of State Excise, Health Services, environmental pollution, purveying news services. It has alleged that it is obligation of the State to provide certain essential services to the public as mentioned above and these services are sometimes hired for consideration directly by the people and some services are provided to them and taxes are raised from the citizens who are the beneficiaries of the services for discharging the obligation. There being deficiency in service as claimed, various directions were sought to be issued to the opposite parties. It was specifically stated in paragraph 5 relating to relief and compensation claimed as follows : "(o) No compensation is claimed for this Complaint, but cost to this complaint to the tune of Rs. 5,000/- is prayed if the opposite parties are agreed for providing it from the Charitable funds under their control."

AS has been defined under Section 2(b) of the Consumer Protection Act, 1986 (hereinafter referred to as ''the Act''), complainant means a consumer or any voluntary consumer association, the Central Government or State Government Under Section 12, a complaint may be filed by the consumer or any recognized consumers association whether the consumer to whom the goods sold or delivered or service provided is a member of such association or not. Section 12(b) thus, makes it clear that a consumer association can file a complaint in respect of purchase of goods or service provided. A consumer is a person. ''Person'' has been defined under Section 2(m) to include a firm whether registered or not, a Hindu undivided family, a co-operative society and every other association of persons whether registered under Societies Registration Act or not. It goes without saying that individuals are also persons. But, within the scheme of the definition, public would not be a person. Public is not a consumer in respect of any service as per definition under Section 2(d) because public do not hire any service for consideration or is not a beneficiary of such services hired by any other person for condiseration which is availed of by the public with approval of the person who has hired the services. Payment of fee for any service in hiring the service since fee involves quid-pro-quo. Payment of tax is, however, not a consideration for the service since in a tax there is no quid-pro-quo.

There is no assertion in the complaint that is hiring charge has been paid by a consumer. Public is not a definite body of persons. Accordingly, Complaint on behalf of the public is not entertainable by a redressal agency constituted under the Act. An association cannot also file a complaint for the inconvenience of the public in respect of any service.

A redressal agency is not intended to enter into enquiry in respect of various deficiencies rendered by various opposite parties. Where in respect of a service various persons are connected, they can be arrayed as opposite parties. Where in respect of different services different persons are involved, they cannot be joined as opposite parties in one complaint. This complaint is also not entertain able by the State Commission as it cannot give any direction other than directing to pay compensation as provided under Section 14(1)(d) of the Act in respect of deficiency in service. Complainant having specifically stated that it does not claim any compensation, this Commission would not examine the alleged deficiencies for academic purpose only.

IN view of the aforesaid discussions, this complaint is not entertainable which is, accordingly, dismissed. Complaint dismissed.