Delhi

North East

CC/430/2022

Satish Chand - Complainant(s)

Versus

Sh. Amit Kumar Sharma - Opp.Party(s)

09 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 430/2022

 

In the matter of:

 

	Sh. Satish Chand S/o Shri Kishan Lal R/o House No. 504, Gali No.3, Saboli  Bagh  Gaddha, Delhi-110093	Complainant
	Versus
	Shri Amit Kumar Sharma Deputy Commissioner of MCD Shahadra North Zone, Keshav  Chowk, Shahadra, Delhi-110053.	Opposite Party

 

DATE OF INSTITUTION:        JUDGMENT RESERVED ON:                           DATE OF ORDER:

28.11.22 02.12.22 09.12.22

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

ORDER

            Ms. Adarsh Nain, Member

1. The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.  The case of the Complainant is that on 18.10.22, the complainant submitted an application under section 76 of Indian Evidence Act with the Opposite party for the supply of certified copies of public documents. It is stated that the Complainant also deposited the requisite fee of Rs.50/-in cash.It is further stated that as after having paid the required fee, the complainant became entitled to the copies of the documents applied for, however,till date; the Opposite party allegedly did not comply with the said provision nor gave any reply within prescribed period. On being aggrieved, the Complainant served a legal notice in the office of opposite party on 26.10.22 to which the Opposite party did not reply till date. On being aggrieved the complainant has filed the present complaint alleging that the Opposite party has violated the complainant’s rights under the consumer protection act 2019 by not providing service as per rules and the said action of opposite party being against the law, has caused physical and mental harassment as well as financial loss to the complainant. It is prayed by the complainant that Opposite Party be directed to provide the complainant true copies of the required documents free of cost without any delay and topay compensation of Rs.1,00,000/- as compensation for causing physical and mental agony and financial loss and also Rs.11,000/- as litigation cost with interest @ 24% p.a.
2. We have heard the Complainant and perused the file. The grievance of the Complainant is that he applied to the Opposite party for supply of copies of public documents under section 76 of Indian Evidence Act, 1872 but the Opposite party neither supplied the documents nor gave any reply. The complainant has submitted that the complainant is a consumer under the Consumer Protection Act, 2019   by virtue of the fact that he has paid the required fee to the opposite party for the issuance of certified copies of certain documents and the opposite party has committed deficiency of service by not complying the provision i.e. section 76 of Indian Evidence Act, 1872.
3. The complainant has filed the present complaint claiming to be a consumerwithin the meaning of the Consumer Protection Act, 2019    and seeking compensation from the Opposite party i.e. Deputy Commissioner, MCD.
4. In this context, we are guided by the order dated 08.01.2015 passed by full bench of Hon’ble NCDRC in the matter Secretary, Bar Council Of U.P. vs. Ajay Pandey (R.P. no. 2028 of 2012) alongwith other similar petitions and applications wherein people had claimed compensation from the Public Information Officer of various public authorities on varying grounds like delayed or unsatisfactory information etc. Hon’ble National Commission has held that “no complaint by a person alleging deficiency in services rendered by the CPIO/PIO is maintainable before a consumer forum.”
5. In view of above case law and discussion, we are of the considered view that as the commission does not have the jurisdiction to entertain the complaint of aforesaid nature, the present complaintis not maintainable.

Hence, the complaint is dismissed accordingly.

6. Order announced on 09.12.2022.

                       Copy of this order be given to the Complainant free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Adarsh Nain)        Member

(Surinder Kumar Sharma) President