BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 5th day of January 2018
Filed on : 01-10-2015
PRESENT
Shri. Cherian K. Kuriakose, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No.667/2015
Between
Jose Meleth, : Complainant
Director, (By Adv. Ivans C. Chamakkala,
M/s. Belgravia Intervest Chamakkala, 28/3666A-1, Water Land
Group Ltd., 2nd floor, Road, Ernakulam-682 020)
Zaabil Buildings,
R. Madhavan Nair Road,
Ravipuram, Kochi-682 016.
And
1. DTDC Courier & Cargo Ltd., : Opposite parties
T.D. Road, Opposite (By Adv. Binu Mathew, Town Hall
Barathiya Vidya Bhavan, Road, Kochi-682 018)
Ernakulam, Cochin,
Rep. by Branch Manager.
2. DTDC Courier & Cargo Ltd.,
Corporate Office,
DTDC House, 3 Victoria road,
Bangalore-560 047,
Rep. by Manager.
O R D E R
Cherian K. Kuriakose, President.
Complainant's Case
The complainant is the Director of M/s. Belgravia Intervest Group Ltd. a business concern, and the opposite parties M/s. DTDC Courier service. The complainant had filed this complaint alleging deficiency in service on the part of the opposite parties in not delivering the articles to the addressee in United Kingdom. The articles to be delivered contained certificates, letters and documents etc. in connection with the business transaction. In the first paragraph of the complaint itself, the complainant had averred that the complainant is the Director of the Public Limited Company running the company for the purpose of earning his livelihood by means of self employment. The 1st sentence of the complaint would itself disqualify the complainant to avail the extra ordinary facilities provided by this Forum for the consumers as defined under Section 2 (1) (d) of the Consumer Protection Act . The opposite parties appeared pursuant to the notice issued to them and challenged the right of the complainant to avail this Forum for filing this complaint. The question of maintainability therefore was heard and it is being disposed of finding that the complaint is not maintainable as the complainant will not come within the purview of “consumer” within the meaning of Section 2 (1) (d) of the Consumer Protection Act. The complaint is liable to be dismissed and is accordingly dismissed.
Pronounced in the open Forum on this the 5th day of January 2018
Sd/-
Cherian K. Kuriakose, President.
Sd/-
Sheen Jose, Member.
Sd/-
Beena Kumari V.K., Member.
Forwarded/By Order,
Senior Superintendent.
Copy of order despatched on:
By Post: By Hand: