Karnataka

Dharwad

CC/32/2016

Arunkumar C.R - Complainant(s)

Versus

Suresh K.Jakaraddi - Opp.Party(s)

11 Feb 2016

ORDER

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Complaint Case No. CC/32/2016
 
1. Arunkumar C.R
R/o: Arundhati, H.No-246, 1st main road, Channabasaveshwara Nagar,
Dharwad
Karnataka
...........Complainant(s)
Versus
1. Suresh K.Jakaraddi
Mangalagatti Plot, Sadhanakeri,
Dharwad
Karnataka
2. Anilkumar N. Shetty,
Craig Park layout, M.G.Road,
Bengalore
Karnataka
3. Sunilkumar N.Shetty
R/o: Near SP office, P.H.Q Road,
Dharwad
Karnataka
4. Shilpa N.Shetty
R/o: Sadashiv Nagar,
Bengalore
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shri. B.H.Shreeharsha PRESIDENT
 HON'BLE MRS. Smt. M. Vijayalaxmi MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

C/32/2016

O R D E R

          Aforesaid case came on today’s board to hear on admission and to issue notice to the respondent. The complainant filed the instant complaint praying for the relief to issue direction to the respondent to provide alternative shop, for compensation, cost of the proceedings and to grant such other reliefs.

          The case of the complainant is that the complainant in order to earn for his livelihood purchased shop premises from the respondent’s shopping complex by name Shankar Plaza, commercial multistoried building and got possession of the same through a registered sale deed dtd.27.01.2007 and is running business till then it demolished by the respondent in the month of May 2015 as per the direction of the Hon’ble High Court, Bangalore. Hence, the complainant approached this Forum on 02.02.2016 claiming the reliefs as sought.

          Argument heard. Proceed to pass the following

 

ORDER

          As per the own admission of the complainant the complainant had obtained the possession and running the shop without any interruption from and through a registered deed dt.27.01.2007. Hence, after accepting the possession and enjoyed the possession without any interruption the complainant severes the relationship of consumer with the respondent and after lapse of longer period of possession the complainant cannot raise dispute against the seller as a consumer. Hence, the present complaint is not a consumer complaint as defined under the Act. In the result we find that the complainant failed to prove he is a consumer as defined U/s.2(1) (d) of CP Act. Hence, complaint is dismissed. However, there lies no rub for the complainant to seek remedy before any other appropriate Forum or civil courts as per law.

 
 
[HON'BLE MR. JUSTICE Shri. B.H.Shreeharsha]
PRESIDENT
 
[HON'BLE MRS. Smt. M. Vijayalaxmi]
MEMBER

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