DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 4th 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.232/2012
K.U.Musthafa,
S/o.Yusaf Ravuther,
6/594, Kolavankad House,
Paruthipulli (PO),
Palakkad. - Complainant
Vs
1.R.M.Ali,
S/o.Moideen,
House No.185,
Chettipalaya Pirivu,
Madhukkara (PO),
Coimbatore District
2.Abdul Azeez,
House No.4/389,
Sankuvaramedu,
Kalppathy (PO)
3.The Manager,
Sreeram City Union Finance Ltd.
2nd Floor,
Sunshine complex,
Palakkad - Opposite parties
O R D E R
By Smt.SEENA.H PRESIDENT
Complaint in brief:-
Complainant sold his KL-11-A-4134 No. Lorry along with the finance to opposite party No.1 for Rs.2,00,000/-. Opposite party No.1 agreed to pay Rs.75,000/- to the 3rd opposite party bank. 1st opposite party failed to pay the said amount as agreed. Complainant is now under fear of receipt of attachment notice. It was under the coercion of the 2nd 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 3rd 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 1st 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 1st 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 4th day of January 2013.
Sd/-
Seena H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi.A.K.
Member
