Kerala

Thiruvananthapuram

CC/301/2022

Muraleedharan V E - Complainant(s)

Versus

G.Sasidharan Pillai - Opp.Party(s)

15 Sep 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

 

                           SRI.P.V.JAYARAJAN         : PRESIDENT

                           SMT.PREETHA G NAIR      : MEMBER

                           SRI.VIJU.V.R                       : MEMBER

 

CC.NO.301/2022 (Filed on: 27/07/2022)

ORDER DATED : 15/09/2022

 

COMPLAINANT

 

Muraleedharan.V.E

C/o.Hny/Capt.N.Gopalakrishna Panicker (Retd)

Nirmalyam, TC.2265/(3),

V.N.R.A.132/8, Kundamanbhagom,

Vattiyoorkavu.P.O

Thiruvananthapuram – 695 013

 

(Party in person)

                                                          VS
OPPOSITE PARTY

 

1. Sri.G.Sasidharan Pillai,
2.  

Sree Krishna Shethra Vikasana Trust,

Sree Nilayam, Amayida, Ambalappuzha – 688 561

 

ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

 1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2. This is an application filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. When the case came up for admission the same was posted for hearing on admission to 09/08/2022. As 09/08/2022 was declared as a holiday, the case was adjourned to 27/08/2022 for hearing on admission. The complainant was present and heard on the point of maintainability and the matter was posted to this day for orders.

3. According to the complainant he is a tenant under the Sree Krishna Temple Trust at Ambalappuzha and the dispute is against the landowner. As per the dictum laid down by the Hon’ble Supreme Court of India in Laxmi Ben, Laxmi Chandh Shah V/s Saker Ben Kanji reported in 1 (2001) CPJ 7 SC, a tenant is not a consumer when the landowner has not agreed to render any service to the tenant in a lease agreement. In view of the above dictum laid down by the Hon’ble Supreme Court of India, we find that this complaint is not maintainable before this Commission.

               In the result, complaint is dismissed as not maintainable.

         A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

        Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 15^th day of September 2022.

                                                                              Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                      Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                            Sd/-

                          VIJU.V.R        : MEMBER

 

Be/