Punjab

Ludhiana

CC/22/467

Ajay Sharma - Complainant(s)

Versus

Regional Transport Authority - Opp.Party(s)

complaint in person

04 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 467 dated 06.12.2022.                    

                                   Date of decision: 04.01.2023. 

 

Ajay Sharma s/o Sh.Mangat Ram Sharma r/o B-33/2184, Bhagwan Dass Colony, Salem Tabri, Ludhiana-141008. Mo:9815661652. Mail:2013ajayg@gmail.com.

                                                                                       ..…Complainant

                                                Versus

The Public Authority, Regional Transport Authority, Mini-Secretariat, Ludhiana.

…..Opposite party

Complaint under Section 35 of The Consumer Protection Act,2019(as amended upto date).

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         In person along with Ms.Veena Bhardwaj,

Advocate

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                The complainant has invoked the jurisdiction of this Commission by claiming himself to be the consumer of the OP and alleging unfair trade practice and deficiency in service on the part of the OPs. He has prayed for appropriate compensation for causing undue mental tension, harassment and deficiency in service to the complainant along with miscellaneous expenses of Rs.45,000/-. According to the complainant, he sought the certified copies of officials of all the junior and senior officers(all Clerks, Section Officer) of Regional Transport Authority, Ludhiana, details of which is as under:-

• Service Books
• Academic certificates/mark sheets
• Chargesheets/show cause notices
• Degrees

He has further sought information with regard to the names and designations of the Enforcements Staff/Checking Staff(Gunman, Driver and others) of RTA, Ludhiana along with the joining letters/appointment letters. He has further stated in the complaint that he had deposited the due fees charged for the service of providing certified copies via Indian Postal Order No.96G995708 dated 15.10.2022. It has been stated that the complainant had been approaching the office of the OP many times and even sent a reminder dated 15.11.2022 but OP did not supply the certified copies of said public documents. Hence the present complaint.

2.                We have heard the complainant along with his counsel on the point of admissibility of the complaint and have gone through the record.

3.                Complainant along with his counsel has contended that the complainant is entitled to the documents as sought from the OP in view of Section 76 of the Indian Evidence Act, 1872 on payment of legal fee but the OP has delayed the matter for long and deliberately did not provide the same. So, the complainant is entitled to seek compensation for non-supply of the documents as prayed for the in the complaint.

4.                Section 76 of the Indian Evidence Act, 1872 is reproduced as under:-

“Certified copies of public documents:- Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees thereof, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal, and such copies so certified shall be called certified copies.”

5.                Bare reading of Section 76 of the Indian Evidence Act, 1872 makes it crystal clear that unless a person has a “right to inspect” the document, he has no locus standi to demand a copy from a public officer on payment of legal fees. “Right to inspect” must originate from some law or statue but the complainant or his counsel could not refer any of the relevant law which bestows him the “right to inspect” the public documents.

6.                Section 2(7) of the Consumer Protection Act, 2019 provides the definition of consumer. Section 2(7)(ii) of the Consumer Protection Act, 2019 is  reproduced as under:-

“Consumer” means any person who:-

(ii)hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and include any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.”

7.                 The complainant has neither hired nor availed any service for consideration, paid or promised and as such he does not fall within the definition of “consumer”. By making random payment in a public office in the name of the fee, the complainant cannot claim that he has availed the service for consideration. In fact, the complainant is under legal duty to show that he has followed some rules and regulations which stipulates such payment. Strangely enough, the complainant has not prayed for any direction against OP for issuance of certified copies of documents.

8.                Consequently, we are of the considered opinion that the complainant is not a consumer of the OP within the definition of Consumer Protection Act, 2019. So, we do not inclined to proceed with the same and hence the same is hereby dismissed summarily at the admission stage itself. Copies of order be supplied to the complainant free of costs as per rules.              9.              File be indexed and consigned to record room, but after registering the same.

 

 (Monika Bhagat)            (Jaswinder Singh)      (Sanjeev Batra)                        Member                     Member                      President      

Announced in Open Commission.

Dated:04.01.2023.

Gurpreet Sharma