BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No. 46 of 2015
Date of institution: 06.02.2015
Date of Decision: 18.08.2015
Naresh Kumar son of Ram Shabhit, Director, Punjab Sincere Security Services Pvt. Ltd., SCO No.2, Kurali Road, Khanpur, Tehsil Kharar, District SAS Nagar (Mohali)
……..Complainant
Versus
Shardha Saburi Solutions, Shop No.132-33, Opposite Allahabad Bank, Village Desu Majra, Tehsil Kharar, District Mohali through its owner Rajesh Dutta.
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
ARGUMENTS HEARD AND DECIDED BY
Shri Amrinder Singh Sidhu, Presiding Member
Mrs. R.K. Aulakh, Member.
Present: Shri Rajesh Kumar, counsel for the complainant.
OP ex-parte.
(Amrinder Singh Sidhu, Presiding Member)
ORDER
The complainant filed the present complaint pleading that he is working as Providing Security Guards to other company. Complainant submitted his internet bill of Rs.1600/- to the OP on 31.12.2014. He received an e-mail of ‘Tata Docomo’ of his internet bill mentioning that company have not received the payment of internet bill of Tata Photon No.9216601895 of complainant. Complainant showed e-mail of company to the OP but the OP could not give any answer regarding non payment of internet bill. Later OP refused to pay amount of the loss to the complainant. The internet connection of complainant was stopped for 2/3 days due to non payment of it by the OP due to which complainant suffered a huge loss of Rs.30,000/- of business. Non payment of bill by OP is a deficiency in service on the part of OP because OP (respondent) received amount of internet bill from the complainant but did not submit to the company for which OP is liable to compensate the complainant.
Lastly the complainant prayed to this Forum to issue direction to the OP to pay:
- Award damages loss amount of Rs.31,600/- i.e. of Rs.30,000/- of his business and Rs.1600/- of his payment of internet bill and also interest @ 18% per annum on the same from the dated 2.1.2015 till realisation.
- Award damages Rs.20,000/- as compensation on account of mental, physical and financial harassment and award compensation of Rs.5500/- of the litigation charges of the complainant.
iii) May kindly be allowed/accepted the complaint of the complainant and any other relief which the Hon’ble Forum may kindly deems to fit may be granted, in the interest of justice.
2. OP is proceeded exparte vide daily order dated 28.05.2015 as he omitted/failed to appear before this Forum despite service.
3. The complainant placed on record affidavit Exb.CW-1/1 and tendered in evidence documents Exb.C-1 to C-4.
4. We have heard learned counsel for the complainant and we have also gone through the file.
5. It is observed from the title of the complaint that complainant namely Naresh Kumar is Director of Punjab Sincere Security Services Pvt. Ltd. Further complainant stated in Para No.3 of his complaint that he is working as providing security guards to other company. Further he stated in Para No.11 of the complaint that his internet connection stopped for 2/3 days for which he suffered a huge loss of Rs.30,000/- of business. Further he claimed damages of Rs.30,000/- for loss of business. In nut shell complainant availed the service for commercial purpose, so he does not fall within definition of ‘consumer’ as laid down in Section 2 (d) (ii) of the Consumer Protection Act, 1986 (as amended upto date). It does not include a person who avails of such services for commercial purpose. Further the complainant nowhere in the complaint states that services availed by him exclusively for the purpose of earning his livelihood by means of self employment.
In view of above stated discussion, this complaint is dismissed.
Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
August 18, 2015.
(Amrinder Singh Sidhu)
Presiding Member
(Mrs. R.K. Aulakh)
Member
