R BALAGURU Vs. DAILY THANTHI

JUDGEMENT

(1.) The complainant laid the complaint before the District Consumer Disputes Redressal Forum, The Nilgiris stating that certain wrong news were published in the newspaper, Daily Thanthi and if such wrong news are published, it is likely to mislead the public especially when such news were published in leading newspapers as that of the opposite party and, therefore, in publishing such wrong information and news, the opposite party has committed acts of deficiency of service and unfair trade practice and, therefore, they are liable to be proceeded against for compensation.

(2.) It is needless for this Commission at this juncture to consider the nature, import and contents of the alleged wrong news or mis-information published by the opposite party. The lower Forum returned the complaint stating that the claim would fall within the jurisdiction of the State Commission. Therefore, the complainant has now represented the complaint before this Commission and has requested that the District Forum may be directed to take it on file and dispose it of on merits.

(3.) The lower Forum has overlooked the definition of 'service' when it made the earlier returns. For 'service' means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service. Under the definition of 'unfair Trade Practice', it is stated that 'unfair trade practice' means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices: (1) the practice of making any statement, whether orally or in writing or by visible representation. A statement that is expressed on an article offered or displayed for sale or on its wrapper or container shall be deemed to be a statement made to the public. Here in this case, according to the complainant, certain wrong news and misinformation were printed by the opposite parties and as the opposite parties having a large circulation of the newspapers, general public are bound to be misled by the information furnished by them as they are rendering service coming within purview of Sec.2 of the Act and the complainant being a reader, subscriber, customer or buyer of the newspaper was thus misled by the information given and was pained to read such false information and misinformation published in the newspaper. Therefore, he has come forward with this complaint. The final return made by the lower Forum overlooked the amendment, that has come into force with effect from 15.3.2003 and which amendment has been introduced by the Act 62 of 2002. After the amendment, a District Forum has got a monetary jurisdiction upto 20 lakhs. It is only a claim exceeding Rs.20 lakhs and below Rs.1 crore that could be entertained by the State Commission. Therefore, the return made by the lower Forum, Nilgiris on this ground cannot be accepted, though there are earlier returns to the effect that information or news published into the sport in newspapers cannot provide a cause of action to move the Consumer Court. Considering the present amendment brought about by the Act 62 of 2002 and the definition of "service" under Sec.2 where the framers of the Act have included the purveying of news or other information as falling under the definition "service", the lower Forum is directed to take it on file and proceed with the complaint in accordance with law.