NATIONAL FORUM FOR CONSUMER PROTECTION Vs. KEONJHARGARH MUNICIPALITY

JUDGEMENT

(1.) 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 and 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. "

(2.) As has been defined under Sec.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 Sec.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. Sec.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 Sec.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 Sec.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.

(3.) 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.