KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM

REVISION PETITION No.16/2024

ORDER DATED: 09.04.2024

(Against the Order in C.C.No.514/2023 of DCDRC, Thiruvananthapuram)

PRESENT:

REVISION PETITIONER/COMPLAINANT:

(by Party in person)

Vs.

RESPONDENTS/OPPOSITE PARTIES:

O R D E R

SRI. AJITH KUMAR  D.  : JUDICIAL MEMBER

          This is a Revision Petition filed by Sri. Talakkottur R. David against the order passed by the District Consumer Disputes Redressal Commission, Thiruvananthapuram (the District Commission for short) in C.C.No.514/2023. 

2.       The Revision Petitioner is the complainant in C.C.No.514/2023.  The complaint of the Petitioner is in respect of a defective television set purchased by him paying an amount of Rs.20,999/-(Rupees Twenty Thousand Nine Hundred and Ninety Nine only).  The opposite party did not appear before the District Commission but the District Commission had declined to dispose of the complaint for the reason that the Petitioner had filed a criminal complaint against the President of the District Commission.  The Petitioner would request the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (the State Commission for short) to grant a judgement in his favour. 

3.       The Petitioner had caused production of the copy of the order passed by the District Commission dated 30.01.2024.  On a perusal of the order passed by the District Commission it could be seen that the complainant had already filed proof affidavit.  But the District Commission entered into a finding that it is not proper for them to adjudicate the complaint as the complainant had raised serious allegations against the President.  Accordingly, the District Commission passed an order “to forward the complaint to the State Commission for further action”. 

4.       Heard the Petitioner who appeared in person.  Perused the order passed by the District Commission.  The District Commission is expected to conduct adjudication in accordance with the provisions contained in the Consumer Protection Act, 2019 (the Act for short).  The Act does not confer any authority to the District Commission to forward a complaint pending before it to the State Commission.  The only option left for the District Commission in such a situation is to address the State Commission for appropriate relief.  The procedure adopted by the District Commission is against the statute and hence, the order passed in forwarding the complaint to the State Commission which is the appellate authority is liable to be reversed.  Hence, we set aside the order passed by the District Commission forwarding the complaint to this Commission.

5.       The District Commission had expressed its concern in conducting the adjudication of a complaint filed by the Petitioner for the reason that the complainant had raised serious allegations including bribery against the President of the District Commission.  The complainant had also filed a petition before the Bar Council of Kerala raising suspicion on the educational qualification of the President of the District Commission.  In view of this circumstance, the District Commission had expressed its difficulty to conduct the trial of a complaint filed by the Petitioner whereas the Petitioner wants an expeditious disposal of his complaint and his request is to grant an exparte judgement by the State Commission.

6.       The apprehension of the District Commission in this regard appears to be genuine.  It's a fact that “Justice must not only be done but must also be seem to be done”.  The Petitioner has already raised serious allegations against the President of the District Commission and it is quite improper for the very same President to decide a complaint filed by the Petitioner.  So transfer of the complaint from the file of the District Commission, Thiruvananthapuram has become inevitable.

7.       The request of the Petitioner is that he being a person aged eighty four years the adjudication may be conducted by the State Commission.  The request of the Petitioner in this regard cannot be allowed since complaints have to be adjudicated only by the competent authorities as stipulated in the Act.  This complaint ought to have been tried by the District Commission, Thiruvananthapuram but it is not possible for that District Commission to adjudicate the matter in view of the conduct of the Petitioner in raising grave allegations against the President by doubting his integrity and also his qualification in holding the said post.  When such serious allegations are raised, one cannot ask the very same presiding casting doubts about to conduct an adjudication on a complaint filed by that Petitioner. 

8.       The State Commission, as per Section 48 of the Consumer Protection Act 2019 is conferred with ample powers to transfer a complaint pending before a District Commission to another District Commission if the interests of justice so requires.  Even without a request made by the complainant, the State Commission can transfer the case.

9.       Having due regard to the facts narrated by the District Commission, it is found expedient in the interest of justice to transfer C.C.No.514/2023 on the file of the District Consumer Disputes Redressal Commission, Thiruvananthapuram to the District Consumer Disputes Redressal Commission, Kollam.

10.     In the result, the Revision Petition is allowed.  The order dated 30.01.2024 passed by the District Commission, Thiruvananthapuram in forwarding the complaint to the State Commission without authority to do so, is set aside.  C.C.No.514/2023 pending before the District Commission , Thiruvananthapuram is transferred to the District Commission, Kollam for adjudication.

11.     The District Commission, Kollam shall dispose of the matter as expeditiously as possible since the Petitioner is a senior citizen aged 84 years.  The District Commission, Thiruvananthapuram is directed to transmit the records to the District Commission, Kollam after giving notice to the petitioner.  The District Commission, Kollam shall issue notice to the Petitioner and dispose of the matter in accordance with law.

SL