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M. N. Agrawal (N.A.)     12 November 2009

PIL in Consumer Forum

Dear all, My question to all learned members is that, can a PIL be filed against a telecom company in a Consumer Forum? In this case the company is doing acts which are not in where of consumer care. Please tell me that, can we do so? If yes, how to proceed? and if no, whats the other remedy? Regards, M. N. Agrawal


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 17 Replies

R.R. KRISHNAA (Legal Manager)     12 November 2009

PIL can be filed only under Article 226 and 32 of Indian constitution and these said provision s only relate to High Courts and Supreme Court.  Consumer court has no right to entertain PILs.  You can approach High Court of your state under 226.

Adv Archana Deshmukh (Practicing Advocate)     12 November 2009

 PIL  cannot be filed in consumer forum.

Anish goyal (Advocate)     12 November 2009

Agree with above view

Kiran Kumar (Lawyer)     12 November 2009

consumer forum is not a body to entertain PIL.

 

try to understand the purpose of PIL....moreover there were no specific provisions for PIL in the constitution of India, this term was coined by the Hon'ble SC of India in 80s.

 

and mind it if u ve anything to assail by way of PIL then it must involve Public Interest.

M. N. Agrawal (N.A.)     12 November 2009

Thank you so much for all your views. Ok, if PIL cant be filed then whats the other solution if the act of the telecom company are not in fever of the consumer care interest? Regards, Madhur Agrawal

AYYALASOMAYAJULA MURALI (POSTAL ASSISTANT )     14 November 2009

my PIL not accepted by supremecourt of insia evn my case dairy no 20424/2009 which involves delbrate attempt for smashing humna rights as per artcicle 39(d) is not placed correct track

pl hekm i rewqyset each and everybody in this as I am trying for justice since 1981

murali postal assistant Visakhpatnam 530001

mobile no 9290016534

Kanaksinh P.Boda (Educationist/Lawyer)     15 November 2009

The meaning of a 'person' in CPA includes, (i) a firm, (ii) a HUF, (iii)a Coop.Society and (iv) association of persons. I will therefore suggest you to form an association of persons (tlecome service users) and file a Complaint with district consumer forum as a consumer body for common grievances against the telecome company. Ofourse, as all the learned frineds have already opnined, PIL will not be entrained in Consumer Courts. Regards-Mr.Boda.

Kanaksinh P.Boda (Educationist/Lawyer)     15 November 2009

I would like to also add that "complainant" under CPA also include s one or more consumers, where there are numerous consumers having same interest who or which make complaint.- Regards-Mr.Boda.

Thyagarajan (Property management)     20 November 2009

 

I have filed a complaint against Chennai Metropolitan Authority for deficiency of service in that though it had been gifted 10,000 sq ft of land to be developed as a park by a builder before he started a multistoried building, the CMDA had not developed it for the purpose.  Such gift was under a statutory provision of Development Control Rules of CMDA and will be called Open Space Reserved Area. I had filed the case in Consumer Forum as an individual citizen in the multi storied building and as a member of the Owners Association. My complaint is actually a PIL before the forum lodged by me as a member of the association that has many others having the same interest. I am with K.P Boda.

Parveen Kr. Aggarwal (Advocate)     31 December 2009

I think PIL can be filed under the Consumer Protection Act, 1986.

If we read sections 2, 12 and 14 of the Act, it can be inferred that there is no bar in filing a complaint for the benefit of a persons who are not complainants or in public interest.

Thyagarajan (Property management)     31 December 2009

With Supreme Court passing orders that all complaints on telecom will have to be handled by orbitrator mployed by Government, consumers can no longer file any complaint in consumer forums.against BSNL etc. This will pave way for consumer forums from rejecting complaints against cetralised banks and government organistions like railways and airlines that have special orbitration provision. Here after it appears juristriction of consumer forum will be very limited and as befor only civil courts will become places to approach.

R.Thyagarajan

Parveen Kr. Aggarwal (Advocate)     31 December 2009

Yes Thyagarajan you are right that the scope of jurisdiction of the Consumer Fora has been restricted by the Supreme Court regarding matters of telecom department. However, vide the Judgment, the jurisdiction has also not been conferred on the civil court. But it has authorised only arbitrators under section 7-B of the Telegraph Act to adjudicate such matters.

DR.SANAT KUMAR DASH (Eye Specialist)     03 January 2010

 P I L  CAN N'OT  BE  FILED   IN  THE   CONSUMER  FORUM.  ONLY   IT  CAN   BE  FILED  IN THE   SUPREME  COURT  &   HIGH  COURT    UNDER  ARTICLE   32  &  226   RESPECTIVELY.

Thyagarajan (Property management)     03 January 2010

If in a case a point is raised before a cosumer forum that can be applaied by many  having the same inerest that will go as a PIL without any one specificaly saying it is PIL.

That is what is happened in cases of BSNL etc. When BSNL moved suprem court  that consumer forums should be barred from hearing cases pertaining to it. the decision of SC went in aid of other institutions in telecom like mobiles etc.

Also a decision taken by a National Consumer Forum can be quoted as a precedent applicable for new cases of similar nature.

Thus PIL petiotion does not necesarily carry the literal maning in consumer forums


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