Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R., Member
15th day of May 2024
CC 254/24
Complainant : P.M Natarajan, Panthalath House, Kodakara P.O.,
Thrissur District, Pin – 680 684.
(In Person)
Opposite Party : Joseph N Domanic, Nellimala Mattathil House,
Thondennad, Makkiyad P.O., Wayanad – 670 731.
O R D E R
By Sri.Ram Mohan R, Member :
The complaint is filed under section 35(1) of the Consumer Protection Act 2019. The opposite party is statedly a commercial establishment engaged in the online sale of commodities including milk products. The complainant, statedly paid the opposite party a sum of Rs. 40,000/- (Rupees forty thousand only) in 3 instalments for availing the latter’s franchise and courier service. Subsequently the activities of the opposite party were statedly seen undergoing deceleration and hence the complainant sought for return of the sum he paid. The complainant alleges that the opposite party returned to him a sum of Rs. 3,000/- (Rupees three thousand only) and that a sum of Rs. 17,000/- (Rupees seventeen thousand only) statedly outstands still with the opposite party. The complainant alleges deficiency of service on the part of the opposite party. Hence the complaint. The complainant prays for an order directing the opposite party to refund to him a sum of Rs. 17,000/- (Rupees seventeen thousand only), apart from other reliefs of compensation and costs.
Admittedly, the complainant paid the opposite party the said consideration for the purpose of availing their franchise and courier agency which is certainly a commercial activity. The complainant alleges deficiency in service in respect of the services expected of the opposite party on matters incidental thereto. Section 2(7) (ii) of the Consumer Protection Act 2019 excludes a person who avails any service for commercial purpose, from the definition of “Consumer”. Resultantly, the complainant does not come under the definition of “Consumer” as envisaged under section 2(7) (ii) of the Consumer Protection Act, 2019 and the complaint is not maintainable before the Commission. Hence the complaint stands rejected. The complainant is at liberty to agitate the appropriate Forum for remedy, if any, required for his grievances.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 15th day of May 2024.
Sd/- Sd/- Sd/-
Sreeja S. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Nil
Id/- Member
