| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No. 42 of 2016 Date of Institution: 29.01.2016 Date of Decision: 03.02.2016 Rajdeep Singh son of S.Harkirat Singh resident of Village & Post Office: Jethuwal, District Amritsar. Complainant Versus - Senior Superintendent of Police, CRPC Branch, FIR Counter, Ropar/ Roop Nagar.
- Senior Superintendent of Police, Amritsar.
- Senior Superintendent of Police (Rural), Amritsar.
- Post Master, Postal Department, Ropar.
- Director General of Post, Postal Department, Government of India, New Delhi.
Opposite Parties Complaint under under the Consumer Protection Act. Present: For the Complainant: Sh.Rajdeep Singh, complainant. Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Mr.Anoop Sharma, Member Order dictated by: Sh.Bhupinder Singh, President. - The complainant has filed the present complaint against the Opposite Parties i.e. Senior Superintendent of Police, CRPC Branch, FIR Counter, Ropar/ Roop Nagar, Senior Superintendent of Police, Amritsar. Senior Superintendent of Police (Rural), Amritsar, D.S.P. Punjab Police, Attari, District Amritsar, Director General of Police, Punjab Chandigarh. Email, Home Secretary, Punjab Police, Punjab, Chandigarh, SHO, Police Station, Kamboj, District Amritsar, Secretary, Home Ministry, Government of India, New Delhi, Post Master, Postal Department, Ropar. In this complaint, the complainant has alleged that he lodged so many complaints to Senior Superintendent of Police, Amritsar, Senior Superintendent of Police (Rural) Amritsar, Senior Superintendent of Police, CRPC Branch, Roop Nagar, DGP, Punjab Police, DSP, Attari, District Amritsar and SHO,P.S.Kamboj to register a criminal case (FIR) against his sister Avneet Kaur Likhari daughter of Harkirat Singh, who had got power of attorney from the complainant to look after the property/ agricultural land of the complainant, but Avneet Kaur Likhari had disposed off the property of the complainant by transfer to other persons and did not pay any amount to the complainant. The complainant has also alleged that Avneet Kaur also obtained power of attorney of the complainant mischievously and fraudulently by misrepresenting the facts. in connivance with revenue authorities thereby she has misappropriated the property of the complainant and the Opposite Parties are not registering any FIR against the said person, rather the Opposite Parties have misbehaved with the complainant, did not perform their duties properly with transparency. Even the brother of the complainant also lodged so many complaints to the Opposite Parties, but the Opposite Parties did not register the FIR nor the higher authorities had taken any action against the Opposite Parties for not taking any proper action on the complaints, reminders and requests made by the complainant against the Opposite Parties as well as Avneet Kaur Likhari daughter of Harkirat Singh, who has misappropriated the property of the complainant. Complainant submitted that all this amounts to deficiency of service on the part of the Opposite Parties qua the complainant.
- Alongwith the complaint, the complainant has filed a copy of letter written by Senior Superintendent of Police, Roop Nagar to Senior Superintendent of Police, Amritsar dated 18.11.2015 vide which Senior Superintendent of Police, Roop Nagar had sent the application submitted by the complainant to Senior Superintendent of Police, Amritsar for enquiry and disposal, as well as one letter dated Nil written by the brother of the complainant namely Pritpal Singh to Home Secretary and Director General of Police, Punjab for taking action against the erring officials.
- We have heard the complainant and have minutely gone through the record produced by the complainant i.e. averments of the complaint and documents produced on record by the complainant alongwith complaint and have come to the conclusion that the complainant has not obtained any services from the Opposite Parties for consideration, rather through this complaint, the complainant wants to get the disciplinary action against the officers/ officials i.e. Opposite Parties mentioned in this complaint. The complainant has not obtained any services from the Opposite Parties as ‘consumer’. Opposite Parties were bound to do their duties as per the statue/ instructions as well as rules and regulations framed by the Union Government as well as Government of Punjab. If the officers/ officials do not perform their duties, the proper couse is to approach the higher authority to direct the officers/ officials to do their duties, but he complainant does not become the consumer qua the officers/ officials who have committed default, if any, under the rules and regulations/ law laid down by Government of India/ Government of Punjab. If said higher authorities also do not take any action, then the complainant may approach the Civil Court or Hon’ble High Court/ Hon’ble Supreme Court of India, under writ jurisdiction under the Constitution of India of India. But his complaint under the Consumer Protection Act, is not maintainable in this District Consumer Disputes Redressal Forum.
- Resultantly, we hold that the complainant is not a ‘consumer’ qua the Opposite Parties. As such, the present complaint filed by the complainant is not maintainable in this Forum.
- Consequently, the complaint is ordered to be returned to the complainant with liberty to file the same before the appropriate authority/ court. Copy of the order be furnished to the complainant free of costs. File is ordered to be consigned to the record room.
Dated: 03.02.2016. (Bhupinder Singh) President hrg (Anoop Sharma) (Kulwant Kaur Bajwa) Member Member | |
