Consumer protection act, 2019

A judgment has come from the Tamil Nadu State Consumer Disputes Redressal Commission following a complaint filed by a registered Trust known as the Citizen Consumer and Civic Action Group which alleged “inexcusable indifference” in clearing the city’s rubbish. The Trust pointed out that the municipal corporation was statutorily obliged to ensure that the city was kept clean and safe through regular removal of garbage, for which it had entered into a contract. As the contractor had not cleared garbage properly, the city had become a breeding ground for mosquitoes, endangering public health.

The State Commission looked into this complaint, saw photographs, and in its verdict held the corporation responsible, and also ordered monetary compensation to be paid by the municipal corporation, since overseeing the work of the contractor was the responsibility of the city corporation. Since a precedent has been set, the TN commission’s order can be used all over the country under the Consumer Protection Act (CPA).

 No that is not within the ambit of Consumer Protection Act, he can file suit for damages only

Prima-facie not within the ambit

  but the case referred by Mr Kalaiselvan cannot be ignore.  He is requested to share the details so that it could be exmined to what extent the case helps the facts of the queriest.

Thanks, Mr T. Kalaiselvan for your information about the TN State CDRC allowing the Trust to invoke the provisions of the CP Act against the Chennai Municipal Corporation.  Will you kindly furnish the date of the judgment and the title of the case which would be helpful to all our advocates brothers.

I would like to refer another case of the Hon'ble Supreme Court in the matter of Vadodara Municipal Corporation Vs. Purushottam V. Murjani and others in Civil Appeal No. 3594-3611/2010 judgment dated 10.9.2014 wherein in the boat accident in the lake maintained by the Municipal Corporation, the provisions of the CP Act were taken recourse for claiming compensation  by the legal heirs of the victims.  I have relied upon the same in one case, wherein the Municipal Corporation has acted negligently and sancitoned building permission in respect of the house site which does not belong to the applicant who made application to the Municipal Corporation without disclosing that it belongs to the third party (complainant in the CC) and completed construction of house in that house site depriving the legal owner of his property / house site.

I thank all the learned advocates for their interest in pursuit of the latest legal position.  It goes a long way to protect the rule of law.

Thanks and regards.

Maloji Rao Ghodkar 

The judgement quoted by you has been seen.  Since you have not shared facts of the case then it cannot be deliberated as to how ratio of this judgement fits in your case.

"The individual who suffered loss of property and injury to his property  due to the negligence of the Municipal Corporation"

What are the facts? In the absence of relevant and material facts any suggestion is bound to be too hasty.

please share details.                     

The fact of the case is that the Municipal Corporation granted building permission to the applicant for construction of house in his two plots and also in the plot of the plaintiff which is situated in between the two plots of the applicant.  It seems the applicant failed to disclose to the Municipal Corporation that the middle plot does not belong to him and that the two plots only belong to him but not the middle one.  Without verifying the title of the plots, the officials of the Municipal Corporation officials negligently sanctioned the building plan in respect of all the three plots which are situated in a row even though the middle plot does not belong to the applicant.  The negligence of the officials is apparent.  Hence the public body is liable for it's negligence under the CP Act. I have already mentioned the ruling of the Hon'ble Supreme Court in the matter of Vodadara Municipal Corporation which fastened the liability to it under the CP Act for their negligence.  Hope now it is clear.

Maloji Rao Ghodkar, Advocate

To my understanding, provisions of CP Act are of no application in the given context. You may proceed against the Coporation in a civil action.

The Hon'ble Supreme Court in Vodadara Municipal Corporation case upheld the orders of the State Commission under the CP Act.  Pl. go through it once again.  The Law laid down by the Apex Court has to be followed by all the lower courts, High Courts, Quasi judicial bodies, Arbitrators etc. Will you pl. give your valuable reasons as to why the Supreme Court ratio is not applicable in the case quoted by me where the Municipal Corporation negligently acted and granted building permission in the site of the third party also and caused deprivation of property.  Does the Municipal Corporation which is a statutory body and public authority and vested with powers to sanction building permissions can act carelessly and negligently.  Can it not be said that it is service provider under the CP Act.  The  definition of  consumer under the CP Act is OK, what about the term, Service Provider under the CP Act.  Pl examine the issue under this angle.  It is helpful for the society at large not to a single individual.

Maloji Rao Ghodkar,

Advocate / 9848543439