Orissa

Bhadrak

CC/34/2018

Umakanta Panigrahi - Complainant(s)

Versus

Manoj Kumar Sahoo, Junior Manager (Electrical)- 2, NESCO Utility, Basudevpur - Opp.Party(s)

Mrs. Chandrabati Nayak & Others

13 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
BHADRAK
 
Complaint Case No. CC/34/2018
 
1. Umakanta Panigrahi
S/o Late Mahendra Prasad Panigrahi, Vill- Madhusudanpur, Po- Barandua, Ps- Basudevpur, Dist- Bhadrak
Bhadrak
Odisha
...........Complainant(s)
Versus
1. Manoj Kumar Sahoo, Junior Manager (Electrical)- 2, NESCO Utility, Basudevpur
At/Po/Ps- Basudevpur, Dist- Bhadrak
Bhadrak
Odisha
2. Jr. Technical, Fuse Call Center
Basudevpur, Bhadrak
Bhadrak
Odisha
3. Executive Engineer (Electrical)
B.N.E.D, Bhadrak
Bhadrak
Odisha
4. Assistant Manager, (Finance)
B.N.E.D, Bhadrak
Bhadrak
Odisha
5. Jr. Engineer (Electrical)
B.N.E.D, Bhadrak
Bhadrak
Odisha
6. Satyajeet Behera, Licenced Contractor, O/o The Executive Engineer
B.N.E.D, Bhadrak
Bhadrak
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. RAGHUNATH KAR PRESIDENT
 HON'BLE MR. BASANTA KUMAR MALLICK MEMBER
 HON'BLE MRS. AFSARA BEGAUM MEMBER
 
For the Complainant:Mrs. Chandrabati Nayak & Others, Advocate
For the Opp. Party:
Dated : 13 Apr 2018
Final Order / Judgement

                 Perused the complainant petition and documents filed by complainant.. Date was fixed to today for order on  point of admission.  On perusal of record we feel to decide first whether complainant is a consumer or not . Sec.2(1)(d) stipulates that “consumer” means any person who-          

 (i)                    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 purpose; or

(ii)                    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 other than the person who 'hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, 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 purposes;

 

               In the light of afore said observations, we  hold that the Complainant is not a  “consumer” under O.Ps within the meaning of C.P.Act,1986 and the  petition filed by  complainant  bears no merit . Hence, rejected.

 
 
[HON'BLE MR. RAGHUNATH KAR]
PRESIDENT
 
[HON'BLE MR. BASANTA KUMAR MALLICK]
MEMBER
 
[HON'BLE MRS. AFSARA BEGAUM]
MEMBER

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