Present: Complainant in person with counsel Sh. Hardeep Jakhar, Adv.
Today the case is fixed for consideration on the maintainability of the present complaint.
2. On perusal of entire complaint file, we have observed that the complainant has filed the present complaint seeking relief against the OP to provide the attested photocopies in the context of his application dated 1.6.2023 moved by him along with postal order of Rs. 100/-to the OP, represented under section 76 of Indian Evidence Act, 1872. It is averred that the OP did not comply the said legislation nor did he give any reply thereof within the given time limit, so his complaint may be accepted. The complainant further requested this Commission to issue the notice against the OP to decide the said complaint.
3. We have observed that along with the main complaint, the complainant has placed on file said application moved under section 76 of Indian Evidence Act, 1872 for supply of attested photocopies.
Therefore, it is clear that information/documents sought by the complainant through the present complaint falls under section 76 of Indian Evidence Act, 1872 and in his complaint, it is contended by the complainant that by not providing the service as per above rules within the period, the OP have violated the rights conferred on the complainant under the Consumer Protection Act, 2019.
4. Arguments of complainant heard. We have observed that the complainant only reiterated the contents of his complaint as well as his application and nothing more. As per submissions, the OP violated the “consumer rights” conferred on the complainant under the Consumer Protection Act, 2019 but we have observed that the complainant has failed to bring on record any cogent and convincing evidence proving that how the OP violated the “Consumer Rights” because Section 2 (9) of The Consumer Protection Act, says that "consumer rights" includes,—
(i) the right to be protected against the marketing of goods, products or services which are hazardous to life and property;
(ii) the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices;
(iii) the right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices;
(iv) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate fora;
(v) the right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and
(vi) the right to consumer awareness;
5. Further, as per submission of complainant, the complainant committed deficiency in service whereas “service” is defined under Section 2(42) of the Consumer Protection Act, 2019, which include facilities related to banking, financing, insurance, telecom, processing, transport, etc… and not relating to any such type of information which the complainant sought through the application of complainant.
6. So, complainant has been failed to place on record any authenticated documentary evidence or any other proof or evidence convincing this Commission that the OP have violated the “consumer rights” conferred on the complainant under the Consumer Protection Act, 2019, further that in which manner the OP is at fault and why the OP should be summoned by issuing notice by this Commission.
7. Hence, prima-facie, we think that it is not a fit case for summoning of OP by issuing notice by this Commission. Therefore, the complaint of complainant being not maintainable in the present form, deserves dismissal and hence, the same is hereby dismissed.
8. Certified copies of the order be supplied to the parties free of costs.
9. File be consigned to the record-room.
