SC pulls up state consumer commission

New Delhi, Mar 30 (UNI) The Supreme Court today expressed its annoyance with the Delhi state Consumer Commission for entertaining a petition filed by Talkatora Garden Morning Walkers Association seeking directions to the NDMC to properly upkeep and maintain the Talkatora Gardens, New Delhi.

A bench comprising Chief Justice K G Balakrishnan and Justice R V Raveendran dismissed the petition filed by the Association against Delhi High Court order entertaining an appeal by NDMC against the order of the state commission.

The apex court declined to accept the contention of the senior counsel Ranjit Kumar on the point of jurisdiction.

The petitioner had filed petition in the consumer court on the grounds that since the morning walkers were tax payers, NDMC was legally bound to maintain the parks and gardens used by them.

Mr Kumar contended that appeal from the orders of the state commission lay before the National Consumer Commission and the high court does not have jurisdiction to sit in appeal against the orders of the state consumer commission under Article 227 of the Constitution.

NDMC had contended before the consumer court that the petitioners were not consumers and no deficiency of service was involved and hence the petition was not maintainable.

UNI