ORDERS ON MAINTAINABILITY OF COMLAINT                       ON ADMISSION

1. On perusal of the complaint, complaint facts as well as the allegations of the complainant, the commission is of the opinion that as per the complaint averments at para-2 of the complaint has pleaded that consignor in the USA has sent the parcel to the complainant i.e. consignee to whom the said consignor booked parcel from USA. Here, the USA consignor is a party who has booked the parcel to the complainant and present complainant is a receiver and consignee in the said transaction. The service from the OP company is  availed by the consignor of the USA. Here the role of the complainant is only the receiver of the said parcel and he is consignee in the said transaction. Since, the said transaction took place between the said consignor  of USA and the OP. The complainant has no role to play in the transaction. He only acts as receiver of the parcel which is sent by said consignor. There is no privity of contract of service between the complainant and the OP company and there is no relationship of consumer and service provider between the parties. As such the complainant has no locus-standy to maintain the present complaint as against the OP Company. As the said parcel is booked by consignor, it is to be delivered to the complainant and the complainant has also admitted the fact at para-2 of the complaint averments, wherein he has admitted that the said parcel is sent by consignor of USA, who availed served of the OP and they have sent the said parcel to the complainant who is acts as a consignee and receiver of the said parcel. Here, the service  of parcel sought by the consignor from the OP company. The service it is sought by the consignor is transportion of said parcel from USA to the complainant in India.  Here, the said transaction between the consignor and OP company is admitted. The role and status of the complainant is only the receiver of said parcel item which is booked by USA consignor. When such being the case, maintainability of  the present complaint arises  for consideration since complainant has  not availed any service from the OP company and there is no cause of action to file the present complaint. As such the dispute and  the transaction which took place between the USA consignor and the OP company. In so far as the service availed by the consignor and there is no cause of action for the complainant to file present complaint as against the OP company. Neither the complainant availed service of the OP company nor the said transaction took between the complainant and OP.

2. For the above reasons, the complainant has no right to initiate proceedings before the Commission has a consumer under the provision of the Consumer Protection Act. When such being the case, the complaint which is preferred by the complainant deserves to be dismissed as there is no privity of contract between them. As such the complainant has no locus-standy  and there is no cause of action to initiate the present complaint as against the OP.

3.  In view of the above discussion, the complaint deserves to be rejected as not maintainable for the above reasons. Accordingly, we proceed to pass the following    

          The complaint is hereby rejected as not maintainable.

   MEMBER                MEMBER          PRESIDENT