STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/93/2018

               (Against the order dated 25-04-2018 in Complaint Case No.

                   40/2018 of the District Consumer Forum, Chitrakoot )

Reliance Jio Infocomm Limited

Having Regional/Circule Office at

GF, 1^st  and 2^nd Floor Solitare

C-B Rafi Ahmad Kidwai Nagar

Opp-Fun Republic Mall

Gomti Nagar, Lucknow-226010

Uttar Pradesh

                                                                                      ...Revisionist

                                                     Vs.

1. District Consumer Disputes Redressal-

Forum, Chitrakoot

Through its President

2. Sanjay Kumar Agarwal

S/o Kishor Lal Agarwal

R/o Shastrinagar Manikpur

District Chitrakoot

                                                                                       ...Opposite parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Revisionist         :   Mr. Abhishek Bhatnagar, Advocate.

For the Opposite Party   :   Mr. Naveen Kumar Tiwari, Advocate.

Dated :  22-05-2018

                                                  ORDER

       MR. JUSTICE A. H. KHAN, PRESIDENT 

Learned Counsel for the revisionist Sri Abhishek Bhatnagar appeared.

Learned Counsel for the opposite party Sri Naveen Kumar Tiwari appeared.

We have heard learned Counsel for the parties and perused impugned order dated 25-04-2018 passed by District Consumer Forum, Chitrakoot in Complaint Case No. 40 of 2018 Misc. Case No.47 of 2018 whereby District Consumer Forum has admitted complaint filed by complainant who is opposite party in revision and issued notice to the opposite party who is revisionist in present revision petition. At the same time while issuing notice to the opposite party now revisionist in revision petition the District

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Consumer Forum has passed interim order against opposite party now revisionist in revision restraining it from giving dealership to any other person till disposal of objection.

It is contended by learned Counsel for the revisionist that the dispute raised in complaint is not a consumer dispute and the complainant is not a consumer as defined in Secton 2(1)(d) of the Consumer Protection Act 1986. As such the complaint is not maintainable under the Consumer Protection Act 1986 and the interim order passed by District Consumer Forum is against law and without jurisdiction.

Learned Counsel for the complainant who is opposite party in revision has submitted that the complainant is a consumer of services of opposite party and he has invested Rs.14,00,000/- for the same on assurance given by opposite party but the opposite party now revisionist has failed to perform its promises and has committed deficiency in service. Therefore complaint is maintainable before District Consumer Forum.

We have considered the submissions made by learned Counsel for the parties.

The point for consideration in this revision is as to who is service provider and who is consumer in view of averments made in the complaint.

The District Consumer Forum has passed impugned order dated 25-04-2018 in absence of revisionist/opposite party of complaint and has admitted complaint for proceeding further.

As such we are of the view that the opposite party now revisionist in revision petition should file objection before District Consumer Forum regarding maintainability of complaint and the District Consumer Forum should pass appropriate order in accordance with law after affording opportunity of hearing to both parties.

We are of the view that till disposal of objection filed by opposite party now revisionist in revision petition, the operation of interim order passed by District Consumer Forum should be kept in abeyance.

In view of above revision petition is disposed of finally with liberty to the revisionist who is opposite party in complaint to file objection before District Consumer Forum within 15 days from today. If such objection is filed before District Consumer Forum by revisionists within

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stipulated time, the District Consumer Forum shall decide maintainability of complaint in accordance with law after affording opportunity of hearing to both parties within 30 days and till disposal of objection filed by opposite party now revisionist in revision petition, the interim order dated 25-04-2018 passed by District Consumer Forum shall be kept in abeyance.

Parties shall appear before District Consumer Forum on 25-05-2018.  

Let copy of this order be made available to the parties as per rules.

                                                               ( JUSTICE A H KHAN )

                                                                               PRESIDENT

                                                                  ( MAHESH CHAND )

                                                                                  MEMBER

          Pnt.