Orissa

Kalahandi

CC/46/2021

Jasobanta Kumar Bishi - Complainant(s)

Versus

Prabin Kumar Mund - Opp.Party(s)

Satyen Choudhari

03 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KALAHANDI
NEAR TV CENTRE PADA, BHAWANIPATANA, KALAHANDI
ODISHA, PIN 766001
 
Complaint Case No. CC/46/2021
( Date of Filing : 21 Sep 2021 )
 
1. Jasobanta Kumar Bishi
S/O-Late Ramachandra Bishi ,Block Pada At/Po/Ps-Jaipatna,
...........Complainant(s)
Versus
1. Prabin Kumar Mund
S/o-Gtagan Bihari Mund, Main Road, At/Po/Ps-Jaipatna
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Aswini Kumar Patra PRESIDENT
 HON'BLE MRS. BHAWANI PATTANIAK MEMBER
 
PRESENT:Satyen Choudhari, Advocate for the Complainant 1
 
Dated : 03 Sep 2022
Final Order / Judgement

           Heard the learned counsel of the parties. Perused the material on record .We have our thoughtful consideration to the respective pleadings and evidence placed on the record.

            It reveals form the record that there was a contract of lease between the parties and according to the term of the contract the complainant had delivered his vehicle to the OP on monthly hire/lease basis @ Rs2,50,000/- per month but the O.P could not perform as per term of the contract and did not pay the arrear monthly rent of Rs. 25,50,000/-which alleged to be unfair trade practice & unscrupulous act of O.P . The O.P contest the complaint denying the allegations on all on its material particular and challenged the maintainability of the complaint under Consumer Protection Act with a submission that, liability arises out of any contract cannot be determine in this Commission as complainant does not fall under the category of consumer. It is further submitted that the O.P is not a service provider so also the complainant has never hire or avails any services for consideration form the O.P in this case.

          Evidently nothing cogent available on record to established that the complainant is a consumer of the O.P either of goods or service as defined u/s 2(7) of C.P Act 2019.

            Hence we are of our consider view that present complaint in this commission is not maintainable under C.P Act 2019. Hence, further proceeding in this complaint is hereby drop .Interim application pending if any is disposed of accordingly. However the complainant is at liberty to approach the proper court of law for adjudication of the dispute .This complaint is disposed accordingly.

           Copy of this order be provided to the parties free of cost .The order be uploaded on the website of the Commission for the perusal of the parties.

                                                                                     

 
 
[HON'BLE MR. Aswini Kumar Patra]
PRESIDENT
 
 
[HON'BLE MRS. BHAWANI PATTANIAK]
MEMBER
 

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