IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Saturday the 15^th day of October, 2011

Filed on 18.04.11

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)

in

C.C.No.133/11

I.A.No.195/11

between

Complainant:-                                            Opposite Party:-

K.V.M.Trust,                                             Guideline Innovative Solution Private Ltd.,

Cherthala,                                                   St.Antoney’s Road, Thykkodam South Vaittila,

Rep. by its Director,                                   Cochin-19, Rep. by its Managing Director,

Dr.V.V.Pyarelal.                                         P.N.Sreekumar.

(By Adv.K.Radhakrishnan)                         (By Adv.Sujai Sathian)

O R D E R

  SRI. K. ANIRUDHAN (MEMBER)

Dr.Pyarelal, Director of M/s.K.V.M.Trust, Cherthala has filed this complaint before the Forum alleging deficiency in service on the side of the opposite party.  The allegation of the complainant is that even though the opposite party had accepted anadvance amount of Rs.1,75,000/- (Rupees one lac seventy five thousand only) from them, the opposite party have not implemented the scheme as per the written agreement executed between the complainant and the opposite party.  So the complainant demanded to return the advance amount and for compensation.  On a detailed verification of the complaint, it can be seen that the cause of action of this complaint arise on the violation of agreement by the opposite party.  Since the matter comes with in the perview of a contract, and violation of that agreement, this Forum has no jurisdiction to entertain this matter.  In addition to that the complaint cannot be treated as a consumer, since he is the Director of a registered Trust and the dispute is related to a ‘commercial purpose’.  In this case, the opposite party has filed a petition vide IA No.195/2011 stating that the complainant had filed a suit as OS No.50/2011 before the Sub Court, Cherthala for the same cause of action and matter is pending now in said Court and further stated that he had also filed suit vide OS No.20/2011 against the complainant and the same is pending before the above Court for compensation and damages.  We have heard the matter in detail and perused the documents.

            Since the cause of action is related to the violation of agreement and the cases are pending before the Sub Court, Cherthala for the same cause of action, we are of the view that there is no need to proceed this matter in this Forum and further view that the complaint is not maintainable.  In the result IA No.195/2011 is allowed – The complaint is not maintainable.

            Hence complaint dismissed.

Pronounced in open Forum on this the 15^th day of October, 2011.

 Sd/-Sri. K. Anirudhan

                                                                                                Sd/-Sri. Jimmy Korah

Sd/-Smt. N. Shajitha Beevi 

// True Copy //

    By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- P.R/-  

Compared by:-