SMT. G. VASANTHAKUMARI, PRESIDENT.

            This IA has been put in by the opp.party praying to consider the question regarding the maintainability of the complaint before this Forum alleging that the complainant  is not a consumer, that there was no consumer or service provider relationship  subsisted with the complainant and this opp.party for having a cause of action for the complainant to approach this Forum, that this opp.party  has conducted a  case for his wife before the Family Court, in which the complainant  was  the  opp.party and this case is not maintainable before this Forum.  It is opposed on the ground that the complainant is a consumer and the case is maintainable before this Forum.  He has also discussed about his cases.

          The only point that arises for consideration is :

Whether the IA is allowable or not?

THE POINT:

Heard both sides.   Admittedly the complainant in this case is the husband of the petitioner in OS 394/2001 before the Family Court, Kollam in which he was the counter petitioner.   The above case was conducted by the opp.party in this case for the wife  who was the petitioner in OS 394/2001.  Admittedly   no service provided  by the opp.party to the complainant in this case.   He had not  hired any  service from the opp.party on payment of consideration for claiming the status of a consumer.   The relief sought by the complainant in this case is not in relation to any deficiency in service on the basis of any   contract between  the complainant and the opp.party.   The complainant has not hired any service from this opp.party on consideration for claiming the status of a ‘Consumer’  as defind U/S. 2[1] [d][ii] of the Consumer Protection Act 1986.  The grievance raised by the complainant will not fall within the meaning of a consumer dispute for seeking any relief  from this Forum.   So we have no hesitation to safely conclude that the complaint is not maintainable before this Forum.

          In the result, the IA is allowed.

Dated this the 21^ST   day of November, 2012.