R.P. Vohra vs EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, PUBLIC HEALTH DIVISION NO. 2

THIS is an appeal filed by the complainant against judgment and order dated 1.10.2001 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (for short hereinafter referred to as the District Forum) vide which Complaint Case No. 1303 of 2001 was dismissed on the ground that the complaint had been filed by an unauthorized person for and on behalf of the complainant Shri R.P. Vohra. The complaint has in fact been filed by Shri R.P. Vohra through his General Power of Attorney Shri Kartar Singh Verma.

THE learned Counsel for the appellant contended before us that on the same date i.e., 26.6.1995, a special power of attorney as well as General Power of Attorney were executed by Shri R.P. Vohra in favour of Shri Kartar Singh Verma and at the time of submission of the final arguments, the copy of General Power of Attorney in favour of Shri Kartar Singh Verma had been filed before the District Forum dismissed the complaint on the ground that the complaint was filed through an unauthrised person/stranger. A perusal of the original record of the complaint case shows that Shri Kartar Singh Verma son of Shri Suggan Singh resident of House No. 5515/3, Modern Housing Complex, Category-II, Manimajra filed his affidavit and in para No. 1 of the affidavit, he deposed, inter alia as under: "...The complainant has included in possession of the said house to his general power of attorney i.e., the deponent......."

The respondent filed affidavit of Shri I.S. Sokhey, Superintending Engineer (B and R), Municipal Corporation, Chandigarh who referred to in para 3 of his affidavit about the Special Power of Attorney which related to sell, alienate and transfer residential flat and further deposed that no General Power of Attorney has been produced on record to show that Shri R.P. Vohra has authorized Shri Kartar Singh Verma to institute the complaint on his behalf.

IN our considered view Shri Kartar Singh Verma is not a person who is totally a stranger to the appellant as he had hold a special power of attorney, which empowered him to do the following acts: "To sell, transfer my said residential flat to enter into such agreement/deeds, to sign and execute all such transfer/sale deeds for the transfer of proprietary rights of the said plot and the building to be erected thereon, to give all such papers and documents pertaining thereto, to present the same before the Registrar/Sub-Registrar of the circle concerned for its registration, to admit its due execution and the contents therein to be true and correct, to apply for and obtain the No Objection Certificate and INcome Tax Clearance Certificate and to execute and sign applications, forms, statements, bonds, deeds, indemnity bonds, affidavits, agreements for No. 43-A, etc. etc. and other necessary permissions for the said purpose, under his own signatures."

This Special Power of Attorney is in respect of the House No. 5513/3, Modern Housing Complex, Category-II, Manimajra, U.T., Chandigarh in respect of which the disputed bills regarding the compensation of water, etc. had been received and challenged. In other words, Shri Kartar Singh Verma holds Special Power of Attorney in respect of the aforesaid dwelling unit regarding which the bills in question are under challenge and requiring adjudication of the District Forum. The provisions of the Consumer Protection Act, 1986 (for short hereinafter referred to as the C.P. Act) are not so rigid so as to enable only the complainant personally to present the complaint. The complaint can also be sent by the complainant through post including the registered post. The provisions of the C.P. Act are to be interpreted liberally.

AFTER going through the original file of the complaint case, we were unable to come across any document of general power of attorney in favour of Shri Kartar Singh Verma son of Shri Suggan Singh. Be that as it may, the complaint deserve adjudication on merit. Shri Kartar Singh deposed himself to be in possession of the house in question regarding which the bills for consumption of water were received and have been challenged. The District Forum can still issue a notice to Shri R.P. Vohra requiring him to appear before the District Forum and apprise the District Forum, as regards his approval/ratification of the filing of this complaint case through Shri Kartar Singh Verma. The complaint, in our considered view, should not have been rejected on technical ground only and particularly keeping in view the provisions of the C.P. Act coupled with the averment of Shri Kartar Singh Verma about his being inducted in House No. 5513/3, Modern Housing Complex, Category-II, Manimajra, U.T., Chandigarh by Shri R.P. Vohra. Resultantly, the appeal is allowed. The impugned order is set aside. The complaint case is remanded to the District Forum-II, U.T., Chandigarh for disposal according to law and in the light of the directions made in the body of this order. The parties are directed to appear before the District Forum-II, U.T., Chandigarh on 1.9.2004. Copies of this order be sent to the parties free of charge. Appeal allowed.