Order-8.

Date-16/06/2015.

Today is fixed for passing order in respect of the petition filed by the op-3 challenging the maintainability of the present case.

In fact after hearing the Ld. advs and also considering the agreement of maintenance of cellular Site dt. 15/10/2016 it is found that as per agreement . Complainant is license was granted by the complainant to the op and as license op was bound to pay a monthly amount for maintenance charges for keeping the area real and clear and for maintenance of the space or site leased out to the op.

More over as per said agreement the relationship   in between the complainant and op is nothing but lessor and lessee and for letting out the site and for its maintenance ops as lessee are bound to pay monthly charges . So the relationship in between complainant and ops are not Consumer and service provider and more over dispute in between licenser and licensee does not come under the preview of Consumer Protection Act and in fact definition ‘Service’ as provided in CP Act is not attracted in this case and only to avoid proper legal Forum (Civil Court) this complainant is purpose fully filed to get relief but this Forum has no legal authority to entertain such complainant when it is apparent that it is not Consumer dispute and complainant is not consumer of the ops and subject premises does not also comes under definition ‘housing construction’ also .

Fact remains at the time of admission it should be rejected but any how it was not properly adjudicated but no doubt for that reason complainant is not at any better stage but status of the complainant is not consumer and dispute is not consumer dispute which is proved from agreement what is the basis of the complainant to file complaint.

In the result petition challenging the non maintainability of the case leas merit but of course on the above legal ground but not as per objection of the op-3.

Hence, ordered that the present. Complainant is not maintainable as it is not a consumer dispute and complainant is not consumer under ops. So this Forum has no legal authority to decide the complainant.

Thus the complaint dismissed on contest without any cost.