KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM CC.NO.7/09 JUDGMENT DATED.10.6.09 PRESENT SHRI.M.V.VISWANATHAN -- JUDICIAL MEMBER SMT.VALSALA SARANGADHARAN -- MEMBER SRI.S.CHANDRAMOHAN NAIR -- MEMBER 1. M/S.Kairali Exports, F10, T.C.9/964-4 Panickers Lane, Sasthamangalam, Thiruvananthapuram Rep. by its Proprietor P.N.Madhu Mohanan Nair -- COMPLAINANT Vs. 1. The Chief Manager, M/s.Indian Overseas Bank, YWCA, M.G.Road, Trivandrum. (By Adv.B.Madhukumar) 2. Export Credit Guarantee Corporation of India HDFC House, 2nd Floor, Ravipuram Jn, Ernakulam, Cochin-682 015. (By Adv.V.M.Kurian & Ors) 3. M/s.Reserve Bank of India, -- RESPONDENTS Bakery Jun.Trivandrum. (By Adv.Aji Gopinath) JUDGMENT SHRI.M.V.VISWANATHAN,JUDICIAL MEMBER The above complaint is filed against the opposite parties 1 to 3 claiming compensation of Rs.35 lakhs against the opposite parties 1 and 2 for their deficiency in service. The opposite parties 1 and 3 entered appearance and contended that the complainant is not a consumer as defined under Section 2 (1)(d) of the Consumer Protection Act, 1986 and that the complaint as filed is not maintainable in law. They also filed separate inter locutory applications as IA.475/09 and IA.533/09 requesting to consider the preliminary issue regarding maintainability of the complaint. So, this Commission was pleased to hear the preliminary issue regarding maintainability of the complaint in CC.7/09. This Commission by virtue of the order dated 10.6.09 passed on IA.475/09 and IA.533/09 found the preliminary issue regarding maintainability of the complaint against the complainant herein. Thereby, the aforesaid interlocutory applications are allowed and the complaint in CC.7/09 is held not maintainable. It is held that the complainant is not a consumer as defined under Section 2 (1)(d) of the Consumer Protection Act, 1986. If that be so, the present complaint is liable to be dismissed as not maintainable. In the result, the complaint in CC.7/09 is dismissed as not maintainable. The order dated 10.6.09 passed by this Commission on IA.475/09 and IA. 533/09 shall form part of this order. M.V.VISWANATHAN -- JUDICIAL MEMBER VALSALA SARANGADHARAN -- MEMBER S.CHANDRAMOHAN NAIR -- MEMBER S/L
......................SMT.VALSALA SARNGADHARAN ......................SRI.M.V.VISWANATHAN ......................SRI.S.CHANDRAMOHAN NAIR | |