BALKAR SINGH Vs. ASHOK KUMAR GOYAL

JUDGEMENT

(1.) Vide this order, three Appeal Nos.1175/1997,1176/ 1997 and 1177/1997 are being disposed of as the facts and the question of law raised therein are common. The District Forum vide separate orders disposed of three complaints filed by Shakuntla Devi, Balkar Singh and Ashok Kumar with the directions to the opposite parties, which are common in all the three cases, officers of the Food and Supplies Department, Deputy Commission and Darshan Kumar, Depot Holder to supply ration to the complainants every month.

(2.) The complainants claimed to be in possession of Ration Cards issued by the Department of Food and Supplies. They approached Darshan Kumar, a Depot Holder of Budladha for registration of their Ration Cards in his Depot for the purpose of purchasing essential commodities (ration articles ). Darshan Kumar declined their request on the ground that the number of Ration Card Holders registered with him were up to the number as sanctioned by the Food and Supplies Department Authorities. Hence these complainants approached the District Forum for the relief. The Depot Holder submitted his version raising the plea as aforesaid. On the evidence produced by the parties by way of affidavits, the impugned orders were passed. It is Darshan Kumar who has filed the aforesaid three appeals challenging the aforesaid orders of the District Forum dated June 20,1997 directing registration of the names of the complainants in his Depot for the purpose of sale of essential commodities and to pay costs of Rs.1,000/- in each of the case.

(3.) Since there is no dispute regarding facts, straightway question of law requiring decision is formulated as under : "as to whether a person possessing a Ration Card issued by Food and Supplies Department of the State authorising him to make purchase of essential commodities from the Fair Price Shops (Depots) can be treated as a consumer as defined under the Consumer Protection Act to have recourse to the proceedings under the Consumer Protection Act for the relief of direction to the Depot Holder to register their names and to supply them the essential commodities when the number of Ration Card Holders already registered with him is upto such number as sanctioned by the Food and Supplies Department ?"