LAWS(NCD)-1991-8-20

JOSE K ELAMTHOTTAMCOMPLAINA Vs. CHIEF SECRETARY GOVERNMENT OF KERALA

Decided On August 09, 1991
JOSE K. ELAMTHOTTAM Appellant
V/S
CHIEF SECRETARY, GOVERNMENT OF KERALA Respondents

JUDGEMENT

(1.) -The grievance put forward by the Petitioner against the Government of Kerala and the Kerala State Financial Corporation, cannot be adjudicate upon by this Commission since they do not constitute consumer disputes as contemplated by the Consumer Protection Act, 1986, as there was no arrangement of hiring of service for consideration entered into by the Petitioner either with the State Government of Kerala or with the Kerala State Financial Corporation. The reliefs claimed by the Petitioner against the Government of Kerala and Kerala State Financial Corporation cannot therefore be granted. So far as the complaint is against the Kerala State Electricity Board, the grievances of the Petitioner should be agitated either before the appropriate District Forum or before the State Commission, Kerala. Without prejudice to the Petitioner's right to initiate appropriate proceedings before either of the aforementioned forums, this complaint petition in so far as it is directed against the Kerala State Electricity Board will also stand dismissed.

(2.) IN the result, the Original Petition fails on the preliminary grounds stated above. As already mentioned the dismissal of this petition will not preclude the petitioner from proceeding either against the Kerala Government or against the Kerala State Financial Corporation before other appropriate Forums if he is entitled to do so under the law. Complaint dismissed accordingly.