31/03/2009<br /> Complaint/By Sri: PMN<br /> Opposite party/By Sri: <br /> <br /> The complainant has filed complaint against the KSRTC seeking direction to the opposite parties to pay sum of Rs.22,275/- with interest. Perused the complaint and documents. <br /> As per the complainant’s case he is entrepreneur conducting package tours under the name and style as “Global Tours and Travels”. He had hired three Rajahamsa Buses from opposite parties. After adjusting the advance amount of Rs.1,50,000/- paid by the complainant for hiring buses the opposite party refunded Rs.1,140/- to the complainant. Complainant has signed the statement of account and taken back the balance amount by accepting the calculation made by the 3rd and 4th opposite parties. The complainant has filed this complaint stating that he requested the opposite party to reexamine the issue of calculation and make balance amount of Rs.22,275/-. By reading the entire pleading, the complaint is not maintainable on two grounds. The first ground is complainant is not a consumer under the definition of Consumer Protection Act, 1986. Admittedly, he is carrying out business and conducting package tours under the name and style as Global Tours and Travels. Therefore, the services availed by the complainant from the opposite party was for commercial purpose. It is not the case of the complainant that he is doing travel business exclusively for the purpose of earning his livelihood by means of self employment. So in the absence of this pleading the complaint being a business man doing business in travel agency and therefore he cannot be termed as consumer under Section 2(d)(1) of C.P Act 1986. On this ground the complaint cannot be admitted. The second ground would be that, the complainant prays a money decree for Rs. 22,275/- against the opposite parties. The question of deficiency of service does not arise at all. If there is any mistake in calculation of the amount to be refunded by the opposite party, it is a matter of civil nature. The complainant has to approach Civil Court for recovery of amount. The complainant never made allegations in his entire complaint the deficiency of service on the part of the opposite party and the question of deficiency of service also does not arise in this case. It is a simple case of recovery of money against the opposite party. Therefore, on this count also the complaint cannot be entertained and admitted. However, the complainant will be free to file a civil suit against the opposite party for recovery of the amount if he is so advised. Therefore, the complaint is not admitted and the same is dismissed at the admission stage itself. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER <br /> <br />