D.o.F:12/1/11

D.o.O:27/7/12

 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                             CC.No.12 /2012

                        Dated this, the 27th  day of July 2012

PRESENT

SRI.K.T.SIDHIQ                                 : PRESIDENT

SMT.RAMADEVI.P                       : MEMBER   

SMT.BEENA.K.G                               : MEMBER

Shiek Moideen Sahib,

Ermudal House, Hosangadi, Bangara,                : Complainant

 Manjeshwar, Kasaragod.

(in person)

President,  Manjeshwar  Grama Panchayath,

Po.Manjeshwaram, Kasaragod.                              : Opposite parties

Secretary,  Manjeshwar  Grama Panchayath,

Po.Manjeshwaram, Kasaragod.

(Adv.K.A.Lalan,Kasaragod)

ORDER

SRI.K.T.SIDHIQ : PRESIDENT

   Case of the  complainant in brief is that while he was proceeding  on a motorcycle on 14/11/11  through a road lying near SAT High School within the territorial area of opposite party, he fell down in a pit having a depth of 4 feet since the slab  on the road was missing .  As a result he sustained injuries  and extensive damages is caused to his motorcycle bearing KL 14 G 8902. He spent  `2000/- towards his treatment and medicines and ` 5076 /- for repairing the motor cycle.  Hence the complainant claiming  compensation of ` 20,000/-.

   According to opposite parties the complaint is not maintainable since the complainant is not a consumer and the dispute mentioned herein is not a consumer dispute.  On merits the opposite party  states that the complainant had sent a letter to them claiming his treatment expenses and repair charges of his vehicle.  But it was declined since the claim was not entertainable and there was no damage to the slab in the middle of the road as contended by the complainant and there was no pit  or even pot holes on the  road.  The damages if  at all caused is due to the self negligent act of the complainant.

  Both sides heard.  Documents perused.

      Upon hearing the complainant and on going through the  documents he produced  we are of the opinion that complainant has got a good cause for  filing the complaint.  But he cannot be considered as a consumer as defined under the Consumer Protection Act.  Therefore the complaint is not maintainable before the Forum.

  Therefore we relegate the complainant to the proper authorities like the OMBUDSMAN for Local and Self Government Department or the civil court for vindicating his grievance.

   Complaint is  therefore dismissed as not maintainable.

MEMBER                                   MEMBER                                        PRESIDENT

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