IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                    IA.NO.68/13    in  CC.NO.325/12

                             Dated this, the 7th      day of May  2014

PRESENT:

SMT.P.RAMADEVI            : PRESIDENT

SMT.BEENA K.G               : MEMBER

SMT.SHIBA.M.SAMUEL    : MEMBER

Abdul Hameed,

S/o Ibrahim, B.R.M.House,

Mangalpady Grama Panchayath,                                         : Respondent/Complainant

Ichilangod Po, Kasaragod.

( Adv.Shrikanta Shetty.K,Kasaragod)

Manager,   Shriram Transport Finance Co.Ltd,

Ist floor, Thalangara Gate, Opp.I.B.P.Petrol Pump,          : Applicant/ Opposite party   

Nullipady, Kasaragod.

(Adv.Lalan,Kasaragod)

                                                            ORDER

SMT.P.RAMADEVI      : PRESIDENT

           Applicant/opposite party filed this interlocutory application for raising an issue regarding  maintainability of the complaint as preliminary issue.  The contention of the opposite party is that the respondent/complainant is the owner of  two buses and it will come under the purview of commercial purpose and the respondent/complainant is not a consumer  and the complaint is not maintainable before this forum.

   Respondent/complainant filed counter admitting that he is the owner of two buses and it is submitted that the possession of two buses itself is not  sufficient to come to the conclusion that it is  for commercial purpose, he is not a consumer.

    Heard both sides.  Document perused .  Admittedly complainant is the owner of buses Reg.No.KL40-A9138 and KL13J3247.  As per Sec.2(d) of the consumer Protection Act if a person avails services for commercial purpose he is not  a consumer.

   Here the complainant is the owner of two bus.    Plying of more than one bus is only for earning profit and the complainant has no case that both buses are not plying.  Earning profit means it is meant for commercial purpose and the complainant is not a consumer.  Therefore the  IA is allowed with a finding that the complaint is not a consumer as per the Consumer Protection Act and hence the complaint is dismissed as not maintainable .

MEMBER                                          MEMBER                                     PRESIDENT

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