Orissa

Kendrapara

CC/29/2023

Susamarani Swain - Complainant(s)

Versus

Authority, Bharati Airtel Ltd. - Opp.Party(s)

A.K.Mohapatra

13 Dec 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/29/2023
( Date of Filing : 16 Feb 2023 )
 
1. Susamarani Swain
D/o-Late Padma Charan Swain At/Po- Harinka Ps/Dist-Kendrapar
Odisha
2. Anila Swain
D/o- Late Padma Charan Swain At/PO- Harinka Ps/Dist-Kendrapara
Odisha
3. Sudhansu Bhusan Swain
S/o- Late Padma Charan Swain At/PO- Harinka Ps/Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Authority, Bharati Airtel Ltd.
3rd Floor, Epari Plaza, C/653 Janapath Unit-3 Kharvel Nagar, Bhubaneswar
Khurda
Odisha
2. Estate Manager,
IDCO Plot No-C-3/2, Chandaka Industrial Area Chandrasekharpur Bhubaneswar
Khurda
Odisha
3. Himanshu Sekhar Swain
S/o- Late Bhikari Swain At/Po-Harinka Po/Dist-Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:A.K.Mohapatra, Advocate for the Complainant 1
 None, Advocate for the Opp. Party 1
 Sri P.K.Rout, Advocate, Advocate for the Opp. Party 1
Dated : 13 Dec 2023
Final Order / Judgement

MR. PRAVAT KUMAR PADHI, PRESIDENT:-

          Complainant has filed the  C.C.Case No. 29/2023 U/s-35 of C.P.Act, 2019 seeking Rs. 2 Lakhs towards the loss & compensation for nonpayment of License fees (Rent) for installation of Telephone Tower.

          The Relationship between Complainants and Ops is not that of consumer & Trader/Business entity but that of Land lord and Tenant /Licensor & License by virtue of an agreement and no consideration has been paid by Complainants rather Ops are paying rent as such at no stretch of imagination complainants can be said to be consumers rather Ops are paying & can claim to be consumer of Complainants, which is also not correct in view of the settled position of law. The dispute between both parties arises out of an agreement and this Commission has no jurisdiction to adjudicate the dispute as there is no element before us to prove that Complainants are consumers as defined U/s-2(7) of C.P.Act, 2019.  

As such the Complainants fails to make out a case and accordingly the C.C.Case No. 29/2023 is dismissed. No order as to cost.

                              Issue extract of the order to the parties concerned.   

          Pronounced in the open Commission, on this the 13th day of December,2023.

                            I, agree.

                              Sd/-                                                     Sd/-

                         MEMBER                                           PRESIDENT     

 
 
[HON'BLE MR. Pravat Kumar Padhi]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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