IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Present:

Hon’ble Mr. Bose Augustine, President

Hon’ble Mr. K.N. Radhakrishnan, Member

C C No. 319/2016

Friday, the 18^th day of November, 2016

Petitioner                                  :         Babu Joseph,

                                                          Vechoor Padinjarethil,

                                                          R.P.C..P.O. Vandanpathal,

                                                          Mundakkayam – 686 513.

                                                                   Vs.                                          

Opposite Parties                       :         B.S.N.L.  Kottayam

                                                          Sasi,  Divisional Engineer,

                                                          Optical Fiber Section,

                                                          Kottayam.

O  R  D  E  R

Hon’ble Mr. Bose Augustine, President

          The case of the complainant is as follows.

          The opposite party had demolished the complainant’s concrete road during the time of construction of trench for laying cable.  According to the complainant, before the construction of trench, the opposite party had agreed to rectify the damages if any caused on the concrete road.  But opposite party has not cared to repair the road as agreed.  Hence this complaint.

          Hear the complainant.

          Section 2 (1) (d) of the Consumer Protection Act, 1986 defines “ ‘Consumer’ means any person who –

1. buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
2. hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, partly paid and partly promised, or under any system of deferred payments, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose.”

          Here the complainant has no case that he had purchased any goods or he availed any service from the opposite party for consideration.  So in our view, the complainant is not a consumer.  Hence complaint is rejected as per Section 12 (3) of the Consumer Protection Act.

          Pronounced in the Open Forum on this the 18^th day of November, 2016

          Hon’ble Mr. Bose Augustine, President             Sd/-

          Hon’ble Mr. K.N. Radhakrishnan, Member      Sd/-

                                                                                                          By Order

                                                                            Senior Superintendent (I/C)