Case: P. Saraswathi Devi Vs. Andhra Pradesh State Consumer Redressal Commission &amp; Others

The manner in which a complaint is to be filed is provided for under Section 12 and the steps to be taken thereon, are indicated in Section 13. Section 12 and clauses (a) and (b) of Section 13 of the Act read: 12. Manner in which complaint shall be made.— (1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by – (a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided; (b) any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not; (c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or (d) the Central Government or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general.(2) Every complaint filed under sub-section (1) shall be accompanied with such amount of fee and payable in such manner as may be prescribed. (3) On receipt of a complaint made under sub-section (1), the District Forum may, by order, allow the complaint to be proceeded with or rejected: Provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant: Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was received. (4) Where a complaint is allowed to be proceeded with under sub-section (3), the District Forum may proceed with the complaint in the manner provided under this Act: Provided that where a complaint has been admitted by the District Forum, it shall not be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force. Explanation. - For the purpose of this section recognised consumer association means any voluntary consumer association registered under the Companies Act, 1956 or any other law for the time being in force. 13. Procedure on admission of complaint. — (1) The District Forum shall, on admission of a complaint, if it relates to any goods,— (a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum; (b) where the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g). (The remaining part of the Section is omitted since it is not relevant for the purpose of this case). 18. When such is the simplicity of the procedure stipulated under the Act, there cannot be any justification to place restrictions and burden upon the complainants through the circular. When a plaintiff in a suit is not placed under obligation to furnish the details as to the composition or registration of a firm or company that is shown as a defendant, it is just unimaginable as to how a complainant in a proceedings under the Act can be required to furnish such details in respect of a firm or company that is shown as a respondent in the complaint. The circular runs contrary to the letter and spirit of the Act which is reflected in Clause 4 of the Statement of Objects and Reasons that has been extracted in the preceding paragraphs. 19. In Writ Petition No. 2545 of 2011, this very circular was challenged. A Division Bench of this Court which heard the matter did not undertake any discussion with reference to the relevant provision of law. After taking note of the contentions advanced by the petitioner on the one hand and the learned Government Pleader on the other hand, the following observation was made: The State Commission issued the impugned circular for production of certain certificates specifying the names of the Partners and the Directors in order to ascertain the particulars of the persons to be sued or sued. Therefore, the State Commission in exercise of its administrative powers issued the same for effective functioning of the internal mechanism. With regard to the matters pertaining to the Partnership firm or Company, the names of Partners and the Directors are required for the purpose of adjudication. Therefore, we are not inclined to interfere with the impugned circular. Accordingly, the Writ Petition is dismissed. No order as to costs. 20. Attention was not focussed on to the relevant provisions of the Act and the comparative provisions of the CPC, much less to the Statement of Objects and Reasons of the Act. We have already pointed out that the circular would place a complainant before a forum, in a more disadvantageous and difficult situation, than a plaintiff in an ordinary suit, before a civil Court. When the intention of the Parliament was to provide a speedy and simple remedy in comparison to a suit, the step taken by the State Commission making the proceedings more stringent cannot be sustained. The view taken by the Bench which heard Writ Petition No. 2545 of 2011 cannot be treated as an authoritative pronouncement on the circular, nor a correct statement of law. 21.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]From a perusal of this, it becomes manifest that one of the important objectives was to provide speedy and simple redressal to the consumer disputes. In categorical terms, the Parliament made it clear that the fora to be established for this purpose are going to bel in nature and even while requiring them to observe the principles of natural justice, they were relieved of the rigour of complicated procedureThe redressal mechanisms at the district, state and national level have been brought into existence and they are functioningThere is not even a residuary provision which confers in it, any power of superintendence upon the district fora. However, being the apex forum within the State, the administrative control over the district fora can be inferredThe manner in which a district forum has to function is dealt with under Sections 11 and 12 of the Act. Commensurate with the statement of objects and reasons, these provisions simply provide for submission of complaint by a consumer, issuance of a notice by the forum to the opposite party and adjudication thereof in a very informal mannerFrom this, it becomes clear that whenever any complaint is submitted against a partnership firm or a company, the complainant must not only furnish the required details thereof, but also must enclose certificate of registration of firms in case of a partnership firm and certificate of registration, memorandum of association and articles of association, in case, if the complaint is against a company. It is a matter of common knowledge that the relief in the proceedings under the Act are mostly against firms or companies as regards the deficiency in the service or defect in manufactureEven where an aggrieved person files a suit, it would be sufficient if he furnishes the particulars of the defendants against whom he claims relief. Order XXX of CPC deals with the suits that are filed against firms and other persons carrying on business. It is only under Rule 2 of Order XXX that a firm, which figures as a plaintiff, is placed under obligation to declare the names and places of residences of the persons comprised in the firm, when demanded by the defendants. Such a requirement is not provided when the firm or company is shown as a defendant. When this is the arrangement in a regular suit, the question of a more stringent or complicated procedure being prescribed in relation to a complaint submitted before a consumer forum, does not ariseWhile examining the legality of the impugned circular, first, the source of power under which it is issued needs to be verified. The second step is to examine whether it conforms to the relevant provisions of the Act or the letter and spirit thereofOn the first aspect, we have not come across any provision that confers power upon the State Commission to issue such a circular. In the preceding paragraphs, we have given an indication that being the superior forum at a state level, some regulatory power can be inferred in favour of the State Commission. However, when any step taken in that behalf is put to question, it can be sustained, if only a specific provision exists therefor. This is particularly so, when the aggrieved party contends that the circular is contrary to the ActComing to the second aspect, we find it difficult to sustain the provision. Sections 12 and 13 that regulate the proceedings before a District Forum do not speak of any such requirement. The rules framed by the Government of Andhra Pradesh are also silent on this. A perusal of Sections 12 and 13 of the Act discloses that a complainant has just to file, if not drop a complaint before the forum, ventilating his grievance. The manner in which a complaint is to be filed is provided for under Section 12 and the steps to be taken thereon, are indicated in Section 13. Section 12 and clauses (a) and (b) of Section 13 of the Act read:When such is the simplicity of the procedure stipulated under the Act, there cannot be any justification to place restrictions and burden upon the complainants through the circular. When a plaintiff in a suit is not placed under obligation to furnish the details as to the composition or registration of a firm or company that is shown as a defendant, it is just unimaginable as to how a complainant in a proceedings under the Act can be required to furnish such details in respect of a firm or company that is shown as a respondent in the complaint. The circular runs contrary to the letter and spirit of the Act which is reflected in Clause 4 of the Statement of Objects and Reasons that has been extracted in the preceding paragraphsAttention was not focussed on to the relevant provisions of the Act and the comparative provisions of the CPC, much less to the Statement of Objects and Reasons of the Act. We have already pointed out that the circular would place a complainant before a forum, in a more disadvantageous and difficult situation, than a plaintiff in an ordinary suit, before a civil Court. When the intention of the Parliament was to provide a speedy and simple remedy in comparison to a suit, the step taken by the State Commission making the proceedings more stringent cannot be sustained. The view taken by the Bench which heard Writ Petition No. 2545 of 2011 cannot be treated as an authoritative pronouncement on the circular, nor a correct statement of law.