MUMBAI: When there is an alternative remedy available, a consumer complaint is not maintainable, a consumer forum observed. It dismissed a complaint filed by a senior citizen against the BMC last week.
The Mulund resident complained that he did not receive any reply to an RTI query about the failure of the corporation to issue a conveyance deed copy despite having paid for it in 2009.
"Under the Right to Information Act the applicant has the right of appeal available to him. We hold and conclude that under the act, a complaint under Consumer Protection Act does not lie. We therefore reject the complaint even though the matter was proceeded ex-parte against the opponents,"
the forum said recently.The counsel for the BMC relied on several orders of the National Consumer Disputes Redressal Commission and other forums. The BMC also cited a Supreme Court order which observed, "When there alternate remedy available to petitioner then consumer complaint would not lie."
Manohar Desai had the filed the complaint before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on July 14, 2010. Desai, a senior citizen said that he submitted an application for conveyance deed dated July 13, 2009, along with the requisite court fees. He said that the municipal commissioner had issued directions to issue certified copy of conveyance deed to him. However, the document was not received by him.
Desai then sought the information about the same above under the Right to Information Act. He alleged that despite having to answer the query within 30 days, the BMC failed to do so. According to him this amounted to deficiency of service and hence, he filed the consumer complaint.
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The Mulund resident complained that he did not receive any reply to an RTI query about the failure of the corporation to issue a conveyance deed copy despite having paid for it in 2009.
"Under the Right to Information Act the applicant has the right of appeal available to him. We hold and conclude that under the act, a complaint under Consumer Protection Act does not lie. We therefore reject the complaint even though the matter was proceeded ex-parte against the opponents,"
the forum said recently.The counsel for the BMC relied on several orders of the National Consumer Disputes Redressal Commission and other forums. The BMC also cited a Supreme Court order which observed, "When there alternate remedy available to petitioner then consumer complaint would not lie."
Manohar Desai had the filed the complaint before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on July 14, 2010. Desai, a senior citizen said that he submitted an application for conveyance deed dated July 13, 2009, along with the requisite court fees. He said that the municipal commissioner had issued directions to issue certified copy of conveyance deed to him. However, the document was not received by him.
Desai then sought the information about the same above under the Right to Information Act. He alleged that despite having to answer the query within 30 days, the BMC failed to do so. According to him this amounted to deficiency of service and hence, he filed the consumer complaint.
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