DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 4^th  day of January 2013 

Present:  Smt.Seena.H, President

           :  Smt.Preetha.G.Nair, Member

            : Smt.Bhanumathi.A.K, Member                   Date of Filing : 24/12/2012

CC No.233/2012

Abdhul Azeez,

S/o.Ibrahim Ravuther,

Thirumannil House,

Tholannur (PO),

Palakkad District                                -        Complainant

Vs 

1.R.M.Ali,

   S/o.Moideen,

   House NO.185,

   Chettipalayam Pirivu,

   Madhukkara (PO),

    Coimbatore District

2.Abdul Azeez,

   House No.4/389,

   Sankuvaramedu,

   Kalppathy (PO)

3.The Manager,

   Sreeram City Union Finance Ltd.

   2^nd Floor,

   Sunshine complex,

   Palakkad                                          -        Opposite parties

O R D E R

By Smt.SEENA.H PRESIDENT

Complaint in brief:-

Complainant sold his 1993 Model KL-11-B-6039 Tata Lorry along with the finance to opposite party No.1 for Rs.2,00,000/-. Opposite party No.1 paid Rs.75,000/- as advance amount and agreed to pay the balance Rs.1,25,000/- finance to the 3^rd opposite party. 1^st opposite party has only paid 2 installments and failed to pay the balance amount. Complainant is now under fear of receipt of attachment notice. It was under the coercion  of the 2^nd opposite party, the agreement was entered into by the complainant. Hence complaint filed for an order directing  opposite parties 1 & 2 to pay the entire dues to 3^rd opposite party and pay compensation to the complainant.

Complaint posted for hearing on admission. Heard regarding the maintainability of the complaint.

Fact of the case clearly shows that the grievance of the complainant is with respect to the breach of contract between the complainant and 1^st opposite party, for which the remedy lies before the Civil Court. Consumer Forum has no jurisdiction to entertain such complaint. There is no consumer service provider relationship between the complainant and 1^st opposite party and hence complainant is not a consumer as defined under the Consumer Protection Act.

Hence without going  into the merits of the case, we dismiss the complaint.

Pronounced in the open court on this the 4^th  day of January 2013.

 Sd/-

Seena H

President

 Sd/-

Preetha G Nair

Member

 Sd/-

Bhanumathi.A.K.

Member