The complainant Sri Pranab Kr Khound and his counsel ld advocate Mr T.Deva Goswami are present today.
We have heard submission of ld advocate Mr Goswami on the point of admissibility of the complaint. We have perused the complaint itself as well as the submission of ld advocate Mr Goswami and found that the complainant was appointed by the opp. party - North Eastern Economic Development Society (NEEDS) as agent for a block service centre for Panbazar area under Kamrup District Metro on the basis of an agreement bearing no- 16AA 189242 entered by them on 07/11/2014 and accordingly he was providing service to the opp. party NGO and he also paid the opp. party Rs.1,50,000/- through two cheques towards promotion of two hundred customer service cards through his centre, and the opp. party agreed to provide full staff support to run his service centre, but the opp. party neither provided staff support for promotion of the customer service centre , but the complainant continued the business of the opp. party and the opp. party paid him Rs.25,000/- in exchange of twenty five customer care cards sold to different customers with assurance that remaining amounts of Rs.1,75,000/- will be paid to him in installments in span of time, but the opp. party did not pay the balance amount as assured , and later on, he found the office of the opp. party was closed on being left by the officials. It is found from the complaint that, the complainant prays for directing the opp. party to refund the principal amount of Rs. 1,75,000/- with commission in exchange of 175 customer care cards and Rs.20,000/- as compensation and Rs.5,000/- as litigation cost. Thus, it is crystal clear that the complainant was running a business as a commission agent under the opp. party and the dispute has arisen while the opp. party denied to pay back the principal amount of Rs.1,75,000/- paid by the complainant as well as the commission thereof. Therefore, the dispute is a dispute between the opp. party NGO (NEEDS) and the complainant who is a commission agent of that NGO. So, it is not a case of dispute between the service provider and the customer of service , but a dispute between the principal and an agent; and hence the dispute cannot be adjudicated by this forum. Therefore, we hold that this forum has no jurisdiction to adjudicate upon the dispute in hand, meaning thereby the complainant has no prima facie case against the opp. party to be admitted and disposed of under the provision Consumer Protection Act, 1986. Therefore, the complaint is dismissed in limine.