Order below section 36(2) of Consumer Protection Act 2019

Per M.P.Kasar, Member

Heard Complainant in person. Perused Complaint filed by the complainant and document annexed along with complaint at the stage of admission of complaint below section 36(2) of CPAct.

It is observed that, allegations made in complaint by the complainant are pertaining to three decisions and issues pertaining to the city of Mumbai approved by opposite party No.1 in the interest of citizens i.e.PAP housing scheme, change in reservation plot for schools, etc.putting land fill on Shivaji Park and costal road project. Hence according to complainant there is unfair trade practice, breach of trust, malpractices negligence, cost of complaint, and cost of litigation be imposed with compensation for mental agony and harassment.

We framed issue as follows

1. Whether present complaint can be admitting against opposite parties? No
2.  What an order? complaint rejected against opposite parties

As to issue No.1 :-We perused section 35(1) of Consumer Protection Act 2019, ‘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 district commission ....’

Thus allegations made by the complainant in present complaint against opposite parties are   pertaining to decisions taken by opposite parties .From the perusal of complaint we noted that, complaint revels violation of rights of consumers as a class due to decision of opposite parties and is subject matter of section 17 of  The Consumer  Protection Act 201 .So opposite parties cannot be held liable  individually to complainant at this point as complainant failed to prove that, there is directly deficiency in services or opposite parties adopted unfair trade practices towards complainant in regard services availed from opposite parties in lieu of taxes collected from the complainant .as interpreted in section 35(1) of CP Act 2019 we are of the opinion that present complaint cannot be admitted against opposite parties below section 36(2) of CPAct 2019 at the admission stage.

Considering findings derived from the above issues we pass order as follows:

                                            ORDER

1. CC N.22/50 is hereby rejected against opposite parties below section 36(2) of Consumer Protection Act 2019
2. No order as to cost.
3. Copy of this order be supplied free of cost to the parties.