HYDERABAD: Arguably for the first time, a frivolous complaint has not only drawn the ire of a district consumer forum but has also led to a direction to the complaint to deposit an amount of Rs 5,000 with the Consumer Welfare Fund (CWF) and pay another Rs 5,000 to the respondent. The CWF is used to spread awareness among people on consumer rights.
The complainant alleging that a government body had failed to do public duty by not responding to a letter. But the forum held that the consumer filed the case in a “confused state of mind” and wasted the “valuable time” of the court.
According to the forum order, B Raju (name changed), the complainant, had written to an executive engineer of the Andhra Pradesh Housing Board (APHB) to book a flat at Bhavanipuram in Vijayawada for him under the self-financing scheme. He drew a demand draft for Rs 74,270 towards the booking amount.
But Raju could not get a slot in the booking as the booking was closed and the DD he sent to APHB was sent back to him.
He then wrote a letter to APHB that there was a 10 per cent quota for government employees under which he should be allotted the flat. But his letter elicited no reply from APHB, prompting him to file a complaint. Meanwhile, the APHB clarified that the booking of flats was based on a ‘first come, first served’ basis and it was impossible to make an allocation after bookings were closed.
Furious at the “frivolous” complaint, the forum directed Raju to pay `10,000- half of it to APHB for causing mental agony to them and half to the CWF.
C Narasimha Rao, forum president who pronounced the order, said that the complaint was a “frivolous case from the beginning. Usually, cases like these are not admitted and, in most cases, frivolous complaints are dismissed asking the complainant to approach a different court to keep up the spirit of consumer rights. But, this one was extreme. It took me an entire week to understand the basic facts of the case.”
It may be mentioned here that such norm is commonly practised by the National Consumer Disputes Redressal Commission (NCDRC) to raise the national consumer welfare fund.
