Church told to restore family tomb

Commission upholds Ernakulam forum’s directive to Jacobite Syrian Church

Holding that a church that collects consideration for providing special service comes under the ambit of service provider, the Kerala State Consumer Disputes Redressal Commission has upheld an order of the Ernakulam Consumer Disputes Redressal Forum directing a Jacobite Syrian Cathedral at Angamaly to restore the tomb of a believer dismantled by the church authorities.

Dismissing an appeal by the church trustees, the commission headed by Justice S.S. Satheesachandran ordered that the family tomb of the complainant at the cemetery of the cathedral be reconstructed within a month, and that a compensation of ₹25,000 be paid to the complainant.

The forum’s order came on a complaint filed by Jippu Varkey of Vappalassery, Angamaly. According to him, ₹1,001 was collected from him in December, 1984 for enabling him to construct a tomb for his family at the cemetery.

Permission obtained

He had then constructed it after obtaining permission from the administrative committee of the cathedral. However, the tomb was dismantled in 2012 by the church authorities citing a decision that permission need not be granted to those who had paid contributions after January 1985. In fact, Mr. Varkey had constructed the tomb much before the church took the call.

The church authorities contended that the complainant was not a consumer, as they did not come under the definition of service provider, and that the consumer forum had no jurisdiction to entertain the complaint.

Dismissing the argument, the commission observed that when the trust of the cathedral “receives consideration from a section of believers to treat them differently from the rest of the believers for providing such persons some special service even if it is connected with their religious activities, it cannot escape from the ambit of service provider.”

There was deficiency of service on the part of the church authorities in not redressing the complaint over the destruction of the family tomb which was constructed paying consideration, the commission added.