D.o.F:30/10/12
D.o.O:1/11/12
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.293 /2012
Dated this, the 1st day of November 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.RAMADEVI.P : MEMBER
SMT.BEENA.K.G : MEMBER
Mohammed Ali Fathah,
S/o Bangara Mahmood,
R/at Badusha Manzil, KK Road, :Applicant/ Complainant
Santhosh Nagar, Po.Allampady,
Muttathody,Kasaragod.
1. M/s DRS Dilip Roadlines Pvt Ltd,
Cor off-306, 3rd floor,Kabra Complex,:
61-MG Road, Secundrabad-500003
Rep by its Manager.
2. . M/s DRS Dilip Roadlines Pvt Ltd,
Koran deep building, Providence Road : Opposite parties
Junction, Rep by its Manager
3. M/s Agarwal packers & Movers Ltd, :
South beach road, Calicut 67032
Rep by its Manager
ORDER
SRI.K.T.SIDHIQ : PRESIDENT
Here the learned counsel for applicant/complainant. We are not convinced with the arguments advanced by the learned counsel with respect to the maintainability of the complaint before the Forum. In our view complainant is not a consumer and the subject matter involved in this case is intended for commercial purpose. The complainant itself is therefore dismissed in limine. Since the complaint is not maintainable this interlocutory application also has no legs to stand. The same is also dismissed.
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva /Forwarded by Order/
SENIOR SUPERINTENDENT
D.o.F:30/10/12
D.o.O:1/11/12
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.293 /2012
Dated this, the 1st day of November 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.RAMADEVI.P : MEMBER
SMT.BEENA.K.G : MEMBER
Mohammed Ali Fathah,
S/o Bangara Mahmood,
R/at Badusha Manzil, KK Road, : Complainant
Santhosh Nagar, Po.Allampady,
Muttathody,Kasaragod.
1. M/s DRS Dilip Roadlines Pvt Ltd,
Cor off-306, 3rd floor,Kabra Complex,:
61-MG Road, Secundrabad-500003
Rep by its Manager.
2. . M/s DRS Dilip Roadlines Pvt Ltd,
Koran deep building, Providence Road : Opposite parties
Junction, Rep by its Manager
3. M/s Agarwal packers & Movers Ltd, :
South beach road, Calicut 67032
Rep by its Manager
ORDER
C SRI.K.T.SIDHIQ : PRESIDENT
The case of the complaint in brief is as follows:
Complainant is a consignee of a consignment sent to him by M/s Ply Zone Margoa Goa. The consignor sent the play station equipment consisting old used items through opposite parties to the complainant on 5/8/12 by 4 trucks fixing consignment charges at `150,000/-. Out of which that `75000/- paid in advance with stipulation to pay the balance at the time of delivery. But during transit the sales tax authorities intercepted and detained 3 trucks out of 4 suspecting sales tax evasions. As against this the complainant approached Hon’ble High Court of Kerala and filed Writ Petition and Writ Appeal. In the Writ Appeal the Hon’ble High Court granted release of the vehicles on a condition of deposits 50% of the security amount in cash. As per the order of the Hon’ble High Court though the consignment of 3 trucks were delivering to the complainant one of the truck bearing Reg.No. TN 32 F 1216 has been passed the check post at Ist instance was driven away without deliveries the consignment worth `12,00,000/-(Rupees Twelve lakh only). On enquiry complainant came to know that the said consignment was illegally unloaded at the godown of M/s Agarwal Packers& Movers Ltd,Calicut who is affiliated with opposite party. Thereafter when the complainant contacted opposite party. The opposite parties claimed exorbitant freight charges and also issued registered notice dtd.28/92012. Therefore, the complaint alleging deficiency in service on the part of opposite parties.
Heard the learned counsel for the complainant Sri.Shajid at length. Upon hearing his argument and on perusing the documents we are of the view that the purpose of the play station consigned through opposite parties are intended for commercial purpose. Therefore complainant could not be treated as a consumer as envisaged under the Consumer Protection Act. From the documents submitted along with the complaint it can be seen that complainant is a Manager of the Square nine Mall Kasaragod and the equipments are intended to install a play station in the said mall to attract people to the Mall. If that be so, the purpose of the consignment is commercial in nature.
Therefore we hold that the complainant is not a consumer and the dispute mentioned here is as not a consumer dispute.
The complaint accordingly fails and hence it is dismissed in limine.
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva /Forwarded by Order/
SENIOR SUPERINTENDENT
