KARNATAKA CONSUMER FORUM vs MYSORE MUNICIPAL CORPORATION

THIS revision petition is directed against the order passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore in Appeal No. 854 of 2004 dated 10.1.2005 dismissing the complaint seeking direction against the Municipal Commissioner, Mysore and the superintendent, Vanivilas Water Works, Mysore to supply the information which might be sought by the complainant and to voluntarily disclose these informations periodically once a week through print and electronic media so as to keep the consumers informed about the quality, purity and potency of goods supplied to them and to award a global compensation of Rs. 1.00 lakh for Free Legal Cell, District Courts, Mysore along with cost of Rs. 3,000.

THE District Forum considered various judgments and felt that the complaint is required to be filed by a particular consumer. THE District Forum has expressed its grave concern about keenness of the complainant Association to protect the health hazards. But in absence of any concrete information just on the basis of a complaint roving inquiry cannot be made and it in such circumstances, the District Forum felt that relief could not be granted as was sought by the complainant Association. We think the District Forum was justified. THEre is no doubt that the complainant Association could maintain the complaint but in order to find out the cause of action certain facts are required to be pleaded and proved indicating that there was deficiency in a particular matter to justify issuance of general direction of the nature mentioned hereinabove. One has to take note of the fact that though it is a statutory duty of every Municipal Corporation to ensure that goods hazardous to health should not be sold, yet the Municipal Corporation has to act within its means and resources. It would be too much to issue general directions as has been sought to any municipal authority who is under statutory liability to act in a particular manner. In absence of any specific instance in the complaint by any person through a registered Association, the District Forum could not proceed with the matter.

In view of the aforesaid circumstances, we do not see any force in this revision petition. It is dismissed accordingly. Revision Petition dismissed.