DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 22nd day of February 2013
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing: 13/02/2013
(C.C.No.38/2013)
V.J.Jeevandas,
18/761(1), RC Road,
Yakkara West,
Palakkad – 678 014. - Complainant
(By party in person)
V/s
Vamadevan,
Kaniat Mana,
Keezhillam Nagar,
Perimbalacherry,
Thrissur – 680 561 - Opposite party
O R D E R
By Smt.SEENA.H, PRESIDENT
Complaint in brief.
Complainant is the supplier of hollow bricks of terracotta material to various parts in Kerala and Tamilnadu.Complainant supplied 4,350 hollow bricks to opposite party. Total cost amount to Rs.2,27,588/- of which opposite party paid only Rs.2,22,500/-. An amount of Rs.5,088/- is due to complainant. Hence complainant filed for realization of dues with compensation.
Complaint was posted for hearing on admission. Notice issued to complainant. Not present. Hence taken for orders.
On going through the facts of the case, it is seen that the subject matter of the complainant is not at all a consumer dispute within the purview of the Consumer Protection Act. Complainant has not purchased any goods or availed any service from opposite party. Hence complainant is not a consumer also. Complaint is purely a breach of contract for which remedy lies before the Civil Court.
In view of the above circumstances, without going into the merits of the case, we dismiss the complaint. Complainant directed to approach appropriate court for relief.
Pronounced in the open court on this the 22nd day of February 2013.
Sd/-
Seena H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi.A.K.
