ORDERS ON MAINTAINABILITY OF COMLAINT

1. That the complainant  has filed the complaint against the Op seeking relief of deficiency of service for the issue mentioned in the complaint along with an unconditional apology and also refund the interest of Rs.5,000/- which got deducted from the complainant as the product was an EMI and by alleging the deficiency he sought for the relief.

2.  When the complainant is heard on admission and perused the averments of the complaint and documents produced by the complainant. On perusal of the above facts and complaint averments, the commission come to the conclusion that, since the complaint filed by the complainant as a dispute pertaining that the complainant had placed an order of LAPTOP from the OP’s on 16.12.2022 and the price of the said product was Rs.62,725/- and had purchased the said product with EMI and tenure of the said loan was 12 months with a fixed interest rate of 14% and the extra amount of Rs.5,000/- got deducted from the complainant as interest as product was an EMI, but the product was completely damaged and disputed was delivered to the complainant. When the complainant intimate the  said issues to the OP, but OP did not bothered, but after several complaints the OP have refunded the said amount to the complainant, but not ready to pay compensation amount for the mental harassment.

3.   From the perusal of the entire complaint averments, we find that the complainant has failed to make out the case of service of deficiency, when the complainant has already received entire amount of Rs.62,725/- from the OP and the complainant has admitted in para-5 of the complaint that he has received an amount of Rs.62,725/- . When the OP has refunded the full amount, then there is no question of granting of any  relief as prayed in the complaint and the complainant has failed to produce the required documents of the EMI was deducted from his account.

4.  When such being the case, the present complaint which is filed by the complainant as against OP and the relief claimed is pertaining to the some issue, which was adjudicated in the same complaint. When the complainant has already received the entire amount of the said product and there is no question to provide necessary to regarding the issue mentioned in the complaint.

5.  In view of the above discussion and from the perusal of entire complaint averments, we are of the definite view that when the complainant has received entire amount of the said product. All these facts admitted by the complainant and made  oral submission that he has received the full amount of the product.  We find that the complainant has failed to make out the case of service of deficiency. From the plain reading of the averments and the documents, we found that the essential ingredients of the consumer complaint and documents produced by the complainant are not available in the complaint.  When such being the case, we held that the complaint filed by the complainant is hereby rejected. 

6. It is very important to note that when the complainant received full and final settlement amount of Rs.62,725/- from the OP, neither the complainant raised any objection nor issued any protest letter while receiving said amount from the OP. When such being the case, as soon as when the complainant received entire amount from the OP without raising any objection at that movement the  privity of contract between the parties comes to end and at that movement only the complainant loses his right to sue as against OP company comes to end. When the  complainant received  said amount without raising any objection, the contract between the parties ceases  and from that movement the complainant loses his right to initiate any legal proceedings as a consumer by alleging any other deficiency on the part of the OP and the present complaint which is initiated by complainant has no cause of action as the complainant is not a consumer as on the date of the complaint. When the complainant has no right to initiate  action to sue the OP, consequently he has not locus-standy to file the present complaint under the provision of Consumer Protection Act as a consumer. As per the complaint averments and allegations made against OP, the remedy before the Commission to the complaint is hereby held as not  maintainable for the above reasons.

7.  In view of the above discussion,  we proceed to pass the following    

Complaint is hereby rejected as not maintainable.

               MEMBER                MEMBER          PRESIDENT