The State Consumer Disputes Redressal Commission has held that consumer forums should abstain from entertaining complaints on matters that fall within the jurisdiction of the tribunal or ombudsman constituted under the Kerala Panchayat Raj Act.
The commission was allowing a revision petition filed by the Kalluvathukkal grama panchayat in Kollam district challenging the maintainability of a complaint filed by the Kollam Consumer Disputes Redressal Forum against the panchayat.
The commission said there was no dispute that the allegations raised by the complainant of inaction on the part of the local body in considering and disposing of his application for regularising the unauthorised construction of a building would certainly fall within the ambit of the ombudsman constituted for local self-government (LSG) bodies. Grievances of such nature cannot be entertained by the tribunal constituted for LSG institutions.
Appeal route
It noted that the tribunal and the ombudsman had been constituted to entertain grievances by way of an appeal against the order passed for inaction on the part of local bodies to render justice to the affected parties.
When that be so, civil court as well as the forum under the Consumer Protection Act should abstain from entertaining complaints with respect to matters that fall within the jurisdiction of the tribunal or the ombudsman constituted under the Kerala Panchayat Raj Act.
The commission observed that when an alternative redressal forum through the ombudsman was provided, the consumer forum should have found the complaints not maintainable.
The court directed the lower forum to close the complaint as not maintainable with liberty to the complainant to approach the ombudsman constituted for LSG bodies.