A civil revision petition challenged a Consumer Commission's order returning an unnumbered complaint on the ground that no consideration was paid and hence the complainant was not a consumer. The High Court held that the Commission cannot conduct a roving enquiry before numbering and directed it to number the complaint and dispose of it in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P(MD)No.3040 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.12.2024
CORAM
THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
C.R.P(MD)No.3040 of 2024
Vennila
... Petitioner
Vs.
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order of return, dated 13.10.2023 made in Unnumbered Filing CC.Sr.No.56 of 2023 on the file of the Consumer Disputes Redressal Commission, Thanjavur / Pudukottai to
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C.R.P(MD)No.3040 of 2024
number it and to proceed with the same as accordance with law.
For Petitioner : Mr.R.Suriya Narayanan For R-2 & R-3 : Mr.B.Saravanan Additional Government Pleader
ORDER
This Civil Revision Petition is filed for directing the Consumer
Disputes Redressal Commission, Thanjavur to number the CC.Sr.No.56 of 2023.
2. It is submitted by the learned Counsel for the petitioner that the
complaint has been returned stating that complainant is not a Consumer as no consideration has been paid. The same was represented by the petitioner stating that even against the revenue authorities, a complaint before the Consumer Forum is maintainable. To support his contention, he also produced the order passed in C.C.No.38 of 2014, dated 19.01.2019. However, the same was not considered by the Consumer Forum and hence, the revision petitioner is before this Court.
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C.R.P(MD)No.3040 of 2024
3. Heard the learned Counsel for the petitioner and the learned Additional Government Pleader for the respondents 2 and 3 and perused the materials available on record.
4. The Tribunal without numbering the complaint cannot have a roving enquiry. Therefore, the Tribunal is directed to number the complaint and dispose the same in accordance with law, if it is otherwise in order.
5. This Civil Revision Petition stands disposed of. There shall be no order as to costs.
03.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To
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C.R.P(MD)No.3040 of 2024
2.Head Land Surveyor, Thasildhar's Office, Alangudi Town and Taluk, Pudukottai District.
3.The Tahsildhar, Thasildhar's Office, Alangudi Town and Taluk, Pudukottai District.
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C.R.P(MD)No.3040 of 2024
K.GOVINDARAJAN THILAKAVADI, J.
BTR
Order made in C.R.P(MD)No.3040 of 2024
03.12.2024
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1 issue framed by the court
Whether the Consumer Commission could return the complaint on the ground that the complainant was not a consumer without numbering it.
1 provisions across 1 enactments
Vennila
Jeyshankar, Head Land Surveyor, Thasildhar's Office, Alangudi
The Tahsildhar, Thasildhar's Office, Alangudi
The District Collector, Pudukottai
K.Govindarajan Thilakavadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
