Times of India: Mumbai: Thursday, 10 July 2014.
When there is
an alternative remedy available, a consumer complaint is not maintainable, a
consumer forum observed. It dismissed a complaint filed by a senior citizen
against the BMC last week.
The Mulund
resident complained that he did not receive any reply to an RTI query about the
failure of the corporation to issue a conveyance deed copy despite having paid
for it in 2009.
"Under
the Right to Information Act the applicant has the right of appeal available to
him. We hold and conclude that under the act, a complaint under Consumer
Protection Act does not lie. We therefore reject the complaint even though the
matter was proceeded ex-parte against the opponents," the forum said
recently.
The counsel
for the BMC relied on several orders of the National Consumer Disputes
Redressal Commission and other forums. The BMC also cited a Supreme Court order
which observed, "When there alternate remedy available to petitioner then
consumer complaint would not lie."
Manohar Desai
had the filed the complaint before the Additional Mumbai Suburban District
Consumer Disputes Redressal Forum on July 14, 2010. Desai, a senior citizen
said that he submitted an application for conveyance deed dated July 13, 2009,
along with the requisite court fees. He said that the municipal commissioner
had issued directions to issue certified copy of conveyance deed to him.
However, the document was not received by him.
Desai then
sought the information about the same above under the Right to Information Act.
He alleged that despite having to answer the query within 30 days, the BMC
failed to do so. According to him this amounted to deficiency of service and hence,
he filed the consumer complaint.
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