Date of Order : 28.09.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to pay Rs. 1,00,000/- as compensation.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased a scooter from Sanjeev Prasad vide annexure – 1. For fixing further two wheels he wanted to approach his own mistri but on the request of Sanjeev Prasad the complainant handed over the scooter to one Rajendra Mistri.
It is further case of the complainant that on 16.03.2015 the aforesaid Rajendra Mistri loaded his scooter on a tempo and brought to Ara without his consent. In Ara town due to some trouble in wheels it was difficult to ply the scooter. Thereafter the complainant informed Sanjeev Prasad and he sent the aforesaid vehicle in show room of Aditya Hero, Ara and despite request Sanjeev Prasad did not sent the same to Rajendra Mistri.
It is further case of the complainant that due to aforesaid conduct of the opposite party the complainant had to suffer for which the complainant want compensation of Rs. 1,00,000/- from one Sanjeev Prasad.
From record it appears that when the registered notice dated 09.09.2015 did not return unserved then the tamila was declared valid dated 30.11.2015.
From careful perusal of complaint petition it transpires that the complainant has some private dispute with one Sanjeev Prasad (opposite party) for the reason that he has advised the complainant to hand over the scooter to one Rajendra Mistri due to which the complainant could not get the repair done by mistri of his own choice.
In our opinion the complainant does not come under the category of Consumer as defined U/s 2(1)(d) of Consumer Protection Act 1986. The fact is unclear and appears to be of the nature of private dispute between the parties which is beyond the purview of Consumer Protection Act.
However, the complainant is at liberty to take appropriate action against the opposite party in accordance with law.
For the reason stated above this complaint stands dismissed but without cost.
Member Member(F) President
