A-6/2020
13-1-2023
O R D E R
BY SRI RAVI SHANKAR, JUDICIAL MEMBER
Heard from appellant. Respondent not present.
2. The learned advocate for the appellant submits that, the complainant had initiated a complaint before the District Consumer Commission alleging deficiency in service in collecting the fee towards garbage cleaning and underground drainage cleaning to the tune of Rs.3,720/- from 2016 to 2020.
3. The District Commission after trial allowed the complaint and directed this appellant to pay compensation of Rs.50,000/- along with interest @10% per annum till realization. The order passed by the District Commission is not in accordance with law, they have collected the above said fee towards collection of garbage and the underground drainage (UGD) as per the norms lay down under the Karnataka Municipal Corporation Act. In spite of that, the District Commission without considering the defence had allowed the complaint and directed this appellant to pay the above said amount. The order passed by the District Commission is not in accordance with law and they are not liable to pay any compensation, hence prays to dismiss the complaint by setting aside the order passed by the District Commission.
4. Heard.
5. On perusal of the certified copy of the order and memorandum of appeal, we noticed any amount paid towards cleaning, collection of garbage and underground drainage, the said amounts are collected for the purpose of essential services. Once the any fee paid to the essential services to the local authority that cannot be considered as an amount paid as a consideration for availing services, the said services are not fall within the definition of service as reflected in Section 2 (42) of CP Act. Any amounts paid towards essential services are excluded as per the provision of CP Act and they are not consider as a consideration amount. The District Commission failed to appreciate the defence taken by the OP/appellant and allowed the complaint as such the order lacks legality, hence requires to be set aside. The complainant is not entitled to get any compensation as claimed, since there is no any a deficiency in service rendered by this appellant as they have collected a fee for providing essential services which are required towards the health of the residents and public at large. As such the appeal is allowed and the order passed by the District Commission is hereby set aside and the complaint is dismissed. Hence, we proceed to pass the following:-
O R D E R
The appeal filed by the appellant is hereby allowed.
The impugned order 6.12.2019 passed by the District Consumer Disputes Redressal Commission, Shimogga in CC.No.63/2019 is set-aside. Consequently, the complaint filed by the complainant is dismissed.
The amount in deposit shall be transmitted to the concerned District Consumer Commission to pay the same to the appellant/Opposite Party.
Send a copy of this order to both parties as well as concerned District Consumer Commission.
Member Judicial Member