Order below section 36(2) of Consumer Protection Act 2019

Per M.P.Kasar, Member

Heard Complainant in person. Perused Complaint filed by the complainant and document annexed along with complaint at the stage of admission of complaint below section 36(2) of CPAct.

It is observed that ,allegations made in complaint by the complainant are pertaining to  Unified Payment Interface i.e.UPI based app called Term India which was rebranded as Google Pay on 28/08/2018  but Google has no licence from RBI to offer e payment services in India  hence according to complainant  services rendered by opposite parties are  unfair in nature .According to complainant RBI not taking action and remained silent also according to complainant Google issues arbitrary service fee and CCI i.e.Competative Service Commission  should reduce its court fee from 10000/- for making a complaint .Hence according to complainant there is unfair trade practice ,breach of trust, malpractices negligence ,cost of complaint, cost of litigation be imposed with compensation for mental agony and harassment .

We framed issue as follows

1. Whether present complaint can be admit against opposite parties?.. No
2.  What an order ? complaint rejected against opposite parties

As to issue No.1 :-We perused section 35(1) of Consumer Protection Act 2019, ‘A complaint in relation to any goods sold or delivered or agreed to be sold or delivered  or  any service provided or agreed to be provided, may be filed with district commission ....’

Thus allegations made by the complainant in present complaint against opposite parties are   pertaining to opposite party No.1  rendering its services without having licence and opposite party No.2 not giving any attention and remained silent and opposite party No.3 use to take huge court fee if anyone want to bring complaints before opposite party No.3.From the perusal of complaint we noted that, complaint revels violation of rights of consumers as a class and is subject matter of section 17 of  The Consumer  Protection Act 2019,We noted that ,complainant have preferred this complaint  in view  of ,that a complaint can be filed if there is any deficiency in service hired or availed .. as far as complaint concern we did not  observe that, individually complainant suffered due to so called services of opposite parties .So opposite parties cannot be held liable  individually to complainant at this point as complainant failed to prove that, there is directly deficiency in services or opposite parties adopted unfair trade practices towards complainant in regard services availed from opposite parties by the complainant as interpreted in section 35(1) of CP Act 2019 we are of the opinion that present complaint cannot be admitted against opposite parties below section 36(2) of CPAct 2019 at the admission stage.

Considering findings derived from the above issues we pass order as follows:

                                            ORDER

1. CC N.22/33  is hereby rejected against opposite parties below section 36(2) of Consumer Protection Act 2019
2. No order as to cost.