Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:

(1)                This is an appeal filed by the original Complainant whose complaint No.703/2003 was dismissed by the District Consumer Disputes Redressal Forum, Thane on 16.07.2003.

(2)                The consumer complaint was filed by the Appellant/original Complainant against the Municipal Commissioner, Navi Mumbai Municipal Corporation, C.B.D. Belapur, Navi Mumbai.  The grievance of the Complainant was that despite taking fees some of the hawkers were not issued licenses by Navi Mumbai Municipal Corporation and therefore, he filed representative complaint on behalf of the hawkers who were not given the licenses.  Before filing the representative complaint the Complainant had not taken permission of the District Forum under section 12(1)(c) of the Consumer Protection Act.  He had simply mentioned in the title of the complaint  as ‘President, N.M.N.S. Samittee’ having registered office at D-180:1, Sec-21/22 Income-tax Colony, C.B.D. Belapur, Navi Mumbai.    His grievance was that some of the hawkers were given licenses and some were not given licenses despite taking fees.  Issuing hawking license to the hawkers or to the prospective hawkers is at the discretion of the Municipal Corporation for which there cannot be a consumer dispute.  The District Forum was therefore, pleased to reject the complaint at the stage of admission.  Said rejection is challenged by filing this appeal. 

(3)                In appeal, we are finding no substance.  The Appellant/original Complainant is not having any power of attorney executed by the hawkers in his favour to file the complaint.   The Appellant had filed representative complaint on behalf of the hawkers.  He had not taken permission of the Forum under section 12(1)(c) of the Consumer Protection Act and therefore, even on this ground the complaint filed by the Complainant was rightly dismissed at the stage of admission by the District Forum.  We agree with the same finding.  Hence, we pass the following order:

O  R  D  E  R

         (i)              Appeal is dismissed being without any substance.

       (ii)              No order as to costs.

     (iii)              Inform the parties accordingly.

Pronounced on 27^th September, 2011.