BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> O.P.No. 285/2004 Filed on 13.07.2004<br /> Dated : 31.05.2008<br /> Complainant:<br /> Sathi Devi, T.C 32/742-K, Near All Saints College, Beach P.O, Thiruvananthapuram.<br /> Opposite parties:<br /> 1.General Manager, Surya T.V, Lotus Garden, T.C 9/923, Panicker’s Lane, Sasthamangalam, Thiruvananthapuram – 695010.<br /> (By adv. Nemom V. Sanjeev)<br /> 2.Centre Manager, Academy of Digital Arts & Communication (ADAC), 42/1588, Thatapuram, Kochi – 682 014.<br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 18.02.2005, the order was not prepared accordingly. This Forum assumed office on 08.02.2008 and re-heard the complaint. This O.P having been heard on 21.05.2008, the Forum on 31.05.2008 delivered the following:<br /> <br /> <br /> ORDER<br /> SMT. S.K. SREELA: MEMBER<br /> <br /> The complaint has been filed against General Manager, Surya T.V and Centre Manager, Academy of Digital Arts & Communication. The 1st opposite party raised the preliminary objection of maintainability of this complaint before this Forum and hence the question of maintainability was heard as a preliminary issue.<br /> The case of the complainant is that she had participated in the ‘Comedy Time’ programme in the Surya TV and won a gift voucher worth Rs. 12000/- from the 2nd opposite party. As per the voucher she is entitled to Rs. 12000/- or 50% of course fee whichever is less on the course offered by the 2nd opposite party. Since the complainant is an illiterate and poor lady she is not in a position to avail the same and since there is no positive action on the part of the opposite parties, she has come up with this complaint claiming refund of Rs. 12000/- mentioned in the gift voucher. The main contention of the 1st opposite party is that the complainant is not a consumer as defined in the Consumer Protection Act and the dispute alleged is not at all a consumer dispute and the complaint is not at all maintainable. <br /> The complainant has admitted that she is unable to join<br /> the computer course offered by the 2nd opposite party as per the voucher. The complainant has now filed this complaint for refund of the amount. The complainant admits that she is a housemaid and she has participated in this contest ‘Comedy Time’ at the house where she works. As per Sec. 2 (d) “consumer” means any person who –<br /> i.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<br /> ii.[hires or avails of] any services 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 beneficiary of such services other than the person who [hires or avails of] the services for consideration paid or promised, or partly paid and partly promised or under any system of deferred payment, when such services availed of with the approval of the first mentioned person [but does not include a person who avails of such services for any commercial purpose];<br /> The complainant is not the subscriber of the 1st opposite party. There is no hiring of service involved here. Service must have been hired or availed of for consideration in order to be a consumer as per the Consumer Protection Act. Services rendered free of charge are outside the purview of the Act. <br /> For the foregoing reasons, it is found that the complainant is not a consumer as per Consumer Protection Act and the complaint is found not maintainable before this Forum and hence the complaint is dismissed. <br /> 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.<br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 31st May 2008.<br /> G. SIVAPRASAD,<br /> President.<br /> BEENAKUMARI. A : MEMBER<br /> <br /> S.K. SREELA : MEMBER