Misuse Of Consumer Protection Act Can’t Be Allowed, Namakkal District Commission Imposes Rs. 20k Penalty On The Complainant For Filing Vexatious Complaint

Recently, the District Consumer Disputes Redressal Commission, Namakkal bench comprising of Dr Thiru v. Ramaraj (President) and Thiru A.S. Rathinasamy (Member) imposed Rs. 20,000/- fine on the complainant for filing a vexatious complaint against the Sub-Post Master, Namakkal. The bench emphasized that such misuse could hinder the very purpose of the Consumer Protection Act, which is to safeguard the interests of consumers and protect them from exploitation. Brief Facts: M. Rajasekaran (“Complainant”) visited the Post Office, P. Vellore to perform two transactions. Firstly, he booked two registered letters and secondly, he purchased an Indian Postal Order (“IPO”) for a value of Rs. 10. The complainant alleged that the Citizen Charter of the postal department prescribed that an IPO should be issued within three minutes of remittance. However, he claimed that the postal assistant at the counter asked him to wait for fifteen minutes, causing mental agony and a delay in sending an RTI (Right to Information) application. A notice alleging a deficiency of service was sent to the Sub Post Master, but the grievance was not redressed. Aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Namakkal (“District Commission”). The complainant argued that the delay in issuing the IPO, despite the prescribed three-minute timeline, caused him mental agony. He claimed that the postal assistant enforced her authority, causing inconvenience. The complainant sent a notice demanding compensation to the Sub Post Master, alleging a deficiency of service, but the issue was not resolved. The Sub-Post Master, on behalf of the postal authorities, contended that the IPO was ready for the complainant to collect at 12:09 p.m., and the complainant left the office without receiving it. The IPO was held in safe custody due to the lack of the complainant's address. Observations by the Commission: The District Commission examined the core issue of whether there was a deficiency of service on the part of the postal authorities regarding the delay in issuing the Indian Postal Order. The complainant alleged that the Sub-Post Master had violated the instructions prescribed in the Citizen Charter, which stated that IPOs should be issued within three minutes. Upon reviewing the evidence and statements, the District Commission found that the complainant had indeed visited the post office and completed the transactions, including booking registered letters and paying for the IPO. The District Commission acknowledged that while the Citizen Charter did specify a three-minute timeline, there had been a delay of only one minute in this case. It was reasoned that such a minor delay of one minute would not typically cause mental agony in matters of this nature. Furthermore, the Citizen Charter did not specify penalties or compensation for delayed transactions, and the complainant had not provided substantial evidence to support his claims of mental agony. The District Commission emphasized the misuse of the Consumer Protection Act by some litigants who file vexatious complaints to unlawfully gain money from individuals who are not at fault. The bench expressed concern that such actions could hinder the Act's purpose, which is to protect consumers from exploitation. In light of these concerns, the commission imposed exemplary costs on the complainant, directing them to pay Rs. 10,000 to Sub-Post Master and an additional Rs. 10,000 to the Legal Aid Account of DCDRC, Namakkal. Case Title: M. Rajasekaran vs Sub-Postmaster, Department of Post, P. Velur Case No.: Consumer Complaint No.139/2022 Advocate for the Complainant: In Person Advocate for the Appellant: Thiru K. Manokaran Click Here To Read/Download Order

Misuse Of Consumer Protection Act Can’t Be Allowed, Namakkal District Commission Imposes Rs. 20k Penalty On The Complainant For Filing Vexatious Complaint

Smita Singh

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