Kerala

Kannur

CC/139/2020

Kamalakshan.T - Complainant(s)

Versus

Gireesh - Opp.Party(s)

P.P.Pradeepan

07 Feb 2023

ORDER

IN THE CONSUMER DISPUTES REDRESSAL FORUM
KANNUR
 
Complaint Case No. CC/139/2020
( Date of Filing : 27 Jul 2020 )
 
1. Kamalakshan.T
S/o Late Govindan,Puthiya Purayil House,Kadankode,Valiyannur,Varam,P.O.Varam,Kannur-670594.
...........Complainant(s)
Versus
1. Gireesh
S/o Sukumaran,Civil Station.P.O,Rep.by Priji Balakrishnan,Preetham,Near S.N.Madam,Muzhappilangad,Kannur.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. RAVI SUSHA PRESIDENT
 HON'BLE MRS. Moly Kutty Mathew MEMBER
 HON'BLE MR. Sajeesh. K.P MEMBER
 
PRESENT:
 
Dated : 07 Feb 2023
Final Order / Judgement

SMT. RAVI SUSHA  : PRESIDENT

    This complaint has been filed by the building contractor against the owner of a building, to which he had been entrusted to construct on the basis of an agreement, with a prayer to get direction to the opposite party to pay Rs.1262042/- towards compensation.

       After receiving notices, opposite party entered  appearance through counsel and filed version.

      The present petition is filed by the OP challenging the question of maintainability.  The contention raised by the OP in this case that complainant does not become a consumer of OP.  Moreover since complainant  herein is the service provider, he never become a consumer as per the definition of Consumer Protection Act under Section Sec 2(1)(o).

      Though complainant is a service provider of OP, complainant never comes under the definition of “consumer” under consumer Protection Act 2019.

      Since this petition is allowed and the complaint is not maintainable as there is no consumer –trader relationship between service provider and the person who avails the service.

   In the result, maintainability petition is allowed , so the complaint stands dismissed.

    Sd/                                                     Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

 

 

                                                                   ASSISTANT REGISTRAR

 
 
[HON'BLE MRS. RAVI SUSHA]
PRESIDENT
 
 
[HON'BLE MRS. Moly Kutty Mathew]
MEMBER
 
 
[HON'BLE MR. Sajeesh. K.P]
MEMBER
 

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