Complainant is present through learned counsel . Heard . Today has been fixed for necessary order on the point of admissibility of the complaint petition.
We have perused the documents annexed to the complaint petition. It is stated in the complaint petition that there was an agreement between the complainant and the opp.parties with regard to booking of a marriage hall on 21.12.2021 . The date of marriage ceremony was 25.1.2022 and the complainant paid a sum of Rs.20,000/- on 2.1.2022 as advance money and the complainant also paid an another amount of Rs.20,000/-to the opp.party . But due to unavoidable circumstances (covid -19 situation) the complainant was bound to prospond the marriage. The complainant informed the op.parties about his condition and requested them to book the hall on 27.1.2022. The opp.parties informed the complainant that on the said date the marriage hall was not available . The complainant demanded the refund of the advance money paid to the opp.parties . But the opp.parties did not refund the advance money of Rs.40,000/- to the complainant and under the circumstances , the complainant files this petition.
As we know the Consumer Protection Act 2019 elaborately defined the definition of consumer
“consumer” means any person who-
- 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
- Hires or avails of any service for a consideration which has been paid or promised or partly paid or partly premised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid or partly promised or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.
We have found that neither the complainant have taken any service from the opp.parties nor the opp.parties have provided any service to the complainant . The dispute between the complainant and opp.parties with regard to monetary transaction. There is no such written agreement between the parties nor submitted such documents.
The Hon’ble Supreme court has held that the proceeding before the commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating , could not be decided by the Forum/Commission under the said Act.
We have found that the dispute between the parties do not fall under the Consumer Protection Act as there is specific law to deal with the dispute of such nature wherein question of specific performance of duty and violation of clauses of agreement is involved . In summary trial it is not possible to decide such issues and accordingly, the complaint is rejected.
