Kerala

Kannur

CC/301/2010

K Ibrahim, - Complainant(s)

Versus

Shameer, - Opp.Party(s)

31 May 2011

ORDER


CDRF,KannurCDRF,Kannur
CC NO. 301 Of 2010
1. K Ibrahim,Subaida Villa, Moozhikkara, Kodiyeri amsom desom, Thalassery Taluk, Kannur Kerala ...........Appellant(s)

Versus.
1. Shameer, Kaniyarakkal House, Aniyaram , ThalasseryKannur Kerala ...........Respondent(s)



BEFORE:
HONORABLE MR. GOPALAN.K ,PRESIDENTHONORABLE PREETHAKUMARI.K.P ,MemberHONORABLE JESSY.M.D ,Member
PRESENT :

Dated : 31 May 2011
JUDGEMENT

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Heard both parties on the issue of maintainability. This is a complaint in which complainant carried out the construction work of the house of the opposite party but opposite party did not pay the full amount as per the agreement. Complaint is filed for the balance amount due by the opposite party. The first question arose for consideratin is whether the complainant is a consumer or not. As per Consumer Protection Act  a consumer means any person who buys any goods for consideration or hires or avails of any service for consideration. In the above case complainant did not buy any goods or availed any service from opposite party.  At the same time it is opposite party who has purchased or availed the service of complainant. Hence this is not a case for which a consumer complaint could  lie within the purview of Consumer Protectin Act.

In the result, the complaint stands dismissed on the ground tht complainant is not a consumer and the complaint is not maintainable as a consumer complaint as per the provisions of consumer protection Act.

 

 Sd/- President              Sd/-Member           Sd/- Member

 

/forwarded by order/

 

Senior Superintendent


[HONORABLE PREETHAKUMARI.K.P] Member[HONORABLE MR. GOPALAN.K] PRESIDENT[HONORABLE JESSY.M.D] Member