ORDER

S. Jaspal Singh Bhatia (President)

1. The complainant has filed the present complaint under the Consumer Protection Act on the averments that he did the civil work of the opposite party No.1 company during the financial year 2009-10 and the opposite party company deducted TDS of Rs. 30,636/- out of the contract amount and issued him form No. 16A but TDS credit was not shown in form No. 26AS against the said TDS deduction. Due to above fault of the opposite party company in filing incorrect return, the income tax department has not given the refund of this amount to him. On such like averments, the complainant has prayed for directing the opposite party No.1 company to refund the above said TDS amount alongwith interest. He has also claimed damages and litigation expenses.

2. Notice of this complaint was given to the opposite parties but they did not appear inspite of notice and as such they are proceeded against exparte.

3. Counsel for the complainant has tendered exparte evidence affidavit Ex. CA alongwith documents Ex. C1 to C10 and closed his evidence.

4. We have carefully gone through the record and also heard learned counsel for the complainant.

5. The dispute involved in the present case is not a consumer dispute. According to the own version of the complainant, he did civil work of opposite party No.1 company. So, infact the complainant is service provider and not a consumer. He did not hire any servives of opposite party No.1 company for consideration. On the other hand, it was opposite party No.1 who hired the services of the complainant for doing civil work. So, the complainant is not a consumer and the dispute involved in the present complaint is not a consumer complaint. Consequently, the present complaint is dismissed with no order as to costs. Copy of the order be sent to the parties free of costs File be consigned to the record room.