MUNICIPAL COUNCIL BIKANER Vs. SHAMBHU YADAV

JUDGEMENT

(1.) These are five connected appeals under Sec.15 of the Consumer Protection Act, 1986 (for short "the Act") arising out of a common order dated 17.10.89 passed in different five complaints. They were heard together and we consider it proper to dispose them of by a common order.

(2.) The facts leading to these five appeals are identical. We may notice the facts in Appeal No.107 of 1989. The Complainant has stated in Complaint No.288/89, which has given rise to Appeal No.107 of 1989 that he resides within the local limits of the Municipal Council, Bikaner in the building known as Manohar Bhavan, which is situated near Lal Bahadur Sabji Mandi, Rani Bazar, Bikaner. The Opposite-Party did not pay any head to the complaints made by the complainants. They, therefore filed the complaints on 1.9.89 praying that the Opposite-Party may be directed to remove the pollution. After notice, the Opposite-Party Appellant reised a preliminary objection stating that the complaints are neither consumers nor the Opposite-Party renders any service to them and, therefore, the complaint is not maintainable under the Act. The District Forum considered the preliminary objection and by a common order rejected it and held that the complaint is maintainable under the Act. Being dissatisfied, the Opposite-Party Municipal Council, Bikaner, in all the five complaints have filed these appeals. The office raised an objection that this appeal is not maintainable under Sec.15 of the Act. An application was submitted by the learned counsel for the appellant on 21.12.89 that if the appeal is not held to be maintainable, it may be treated as a revision under Sec.17 (b) of the Act. On the application of the Complainant, all the appeals were tagged.

(3.) We have heard Mrs. Gyanwanti Dhakar, Advocate for the appellant and Mr. Shishupal Singh, Advocate for the complainants-respondents. The District Forum has given the following reasons in support of its order: (1) that the Municipal Council was established under the provisions of the Rajasthan Municipalities Act, 1959 (for short "the Act of 1959") and its duties are enumerated in Sec.98 of the Act of 1959. Material part of Sec.98, for our purpose, reads as under: -"sec.98 Duties of Boards - It shall be the duty of every Board to make reasonable provision for the following matters within the Municipality under its authority, namely, - (a) lighting public streets, place and buildings; (b) clearing public streets, places and sewers, and all spaces not being private proper, which are open to the enjoyment of the public, whether such spaces are vested in the Board or not, removing noxious vegetation and abating all public nuisances; (c) removing filth, rubbish, night-soil, addour, or any other noxious or offensive matter from privies, latrines, urinals, cesspools or other common receptacles for such matter in or pertaining to a building or buildings; (i) acquiring, maintaining, changing and regulating places for the disposal of the dead and carcasses of dead animals; (2) that the intention of the Act of 1959 is not that the Municipal Council renders service for consideration and so it is not necessary for any individual person who avails the benefit of the service to pay consideration for it; (3) that according to Chapter VII, the Municipal Council levies house and land taxes and also realises octroi and on the basis of the collection of the amounts, the Municipal Fund is created. This fund is of a sort of consideration for the services to be rendered by the Municipal Council to the public; and (4) that the State Government gives a grant- in-aid @ Rs.10/- per man and this amount is paid for being utilised for the welfare of the citizens and, therefore, it cannot be said that the Municipal Council renders services free of charge. It, there- fore, did not find force in the preliminary objec- tion and rejected it. We have treated these appeas as revisions.