Consumer case against govt policy
VISHNU
(Querist) 17 December 2012
This query is : Resolved
SIR
Muncipal committee has issued bill of waste water to consumer as per govt policy but MC has not provided any sewarage facility to the house of consumer. Consumer approached consumer forum for illegal bill of waste water.
Whether complaint is maintainable against the Govt policy to charge waste water charges to all persons who have taken water connection.
Whether the consumer court has jurisdiction to entertain and try complaint in this matter.
pls advise with case law in support please
Raj Kumar Makkad
(Expert) 18 December 2012
You can very well file consumer complaint as you pay service charges. There are a lot of such judgments.
VISHNU
(Querist) 22 December 2012
sir
thanks to Ld Adv RAJ SIR
PLS BE PLEASED TO QUOTE ANY ONE JUDGMENT/CASE LAW SO THAT CONSUMER FORUM BE SATISFIED THAT
COMPLAINT IS MAINTAIBABLE
WE SHALL BE HIGHLY OBLIGED
Raj Kumar Makkad
(Expert) 29 December 2012
for searching the desired citation visit www.indiankanoon.com
VISHNU
(Querist) 15 August 2013
pls quote any judgment which applies and relevant to this case please
prabhakar singh
(Expert) 15 August 2013
Forget!His Job is over.
Anyway The Hon'ble Supreme Court of India in “Ghaziabad Development Authority Versus Balbir Singh, 2004 (2) CLT 628”, has held that the Consumer Protection Act has a wide reach and the Commission has jurisdiction in case of services referred by the statutory and public authorities. The provisions of the Consumer Protection Act enable a consumer to claim and empower the Commission to redress any injustice done. The Hon'ble Supreme Court in the said authority further held that matters, which require immediate attention, should not be allowed to linger on. The consumer must not be made to run from pillar to post. Where there has been capricious or arbitrary or negligent exercise or non-exercise of power by an officer of the authority, the Commission/Forum has a statutory obligation to award compensation.
In Kishore Lal Versus Chairman, Employees’ State Insurance Corporation, 2007 (4) SCC 579, the Hon’ble Apex Court has observed:-
“It has been held in numerous cases of this Court that jurisdiction of the Consumer Fora has to be construed liberally so as to bring many cases under it for their speedy disposal. The Act being a beneficial legislation, it should receive a liberal construction.”
The Hon'ble Supreme Court of India in “Lucknow Development Authority Versus M.K. Gupta, 1994 (1) CLT 1” has observed that a legislation which is enacted to protect public interest from undesirable activities cannot be construed in such narrow manner as to frustrate its objective. It has been further observed in the said authority that any attempt to exclude services offered by statutory or official bodies to the common man would be against the provisions of the Act and spirit behind it. The Hon'ble Supreme Court of India has further observed that truly speaking it would be a service to the society if such bodies instead of claiming exclusion subject themselves to the Act and let their acts and omissions scrutinized, as public accountability is necessary for healthy growth of society.
VISHNU
(Querist) 15 August 2013
Ld sir
Excellent work done
Thanks from core of heart.
good gesture to noble cause
