CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 1st day of January 2014
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing : 19/12/2013
: SMT. SHINY. P. R, MEMBER
CC / 212 / 2013
Subramanyan,
S/o. Barathayyar,
TVS (Retd.), 7/499,
Tharekkad, Gramam,
Palakkad – 678 001. : Complainant
Vs
Janardhanan. M,
S/o. Madhavan,
Sankarankandath House,
Devi Nagar, Manali,
Palakkad – 678 001. : Opposite party
O R D E R
By Smt. Seena. H, President
Complaint in brief:-
Complainant for the purpose of renovating his house agreed to sell the demolished materials of the old house to the opposite party for an amount of Rs. 1,00,000/- as per agreement dated 4/12/2011. The materials was delivered to opposite party on payment of an advance amount of Rs. 1,001/-. Thereafter opposite party failed to pay the balance amount within the stipulated period. So far opposite party has paid only Rs. 45,000/-. Hence the complaint. Complainant prays for an order directing the opposite party to pay the balance amount along to Rs. 10,000/- compensation and cost.
Complaint posted for hearing on admission and heard.
Complainant herein has sold demolished building materials to opposite party as per agreement dated 4/12/2011. The grievance is regarding non payment of agreed amount within the stipulated period. As per Section 2(d) of Consumer Protection Act, “Consumer” means any person who 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 purposes or 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 for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payments, when such services are 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.
We are of the view that complaint herein will not come under the definition of Consumer as per Consumer Protection Act. More over complaint is regarding breach of contract for which remedy lies before Civil Court.
In view of the above circumstances without going in to the merits of the case, we dismiss the complaint. Complainant directed to approach appropriate authority for relief.
Pronounced in the open court on this the 1st day of January 2014.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P. R
Member
