Order No. 3 dated: 18-05-2016

Complainant files hazira.  The case is taken up for admission hearing.  Heard the Ld. Lawyer for the Complainant.  Considered. Seen the petition of complaint and the documents filed thereto.

In filing the petition of complaint, it is stated that the Complainant has given rental of vehicle No. WB-31/3867 to the OPs for pregnant mother and sick persons under Bhagwanpur-I block for better public services.  The OPs have failed to pay the dues as against the rental.  Hence, he has filed this case for realization of claim amount as against rental of the vehicle along with compensation and other expenses.

In our considered opinion, the Complainant does not appear to be a consumer.  Service means service of any description which is made available to potential users in connection with banking, financial, insurance, transport, housing etc., but does not include the rendering of any services free of charge or under a contract of personal services.  The Complainant is not the hirer of the vehicle.  Deficiency of service means any fault in the perfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by a person in pursuance of a contract or otherwise in relation to any services. 

The instant claim, in our view, is not maintainable in this forum because the Complainant is not a consumer as per provision of the Consumer Protection Act and the controversy is not of course a consumer dispute.  We afraid, we cannot admit the petition of complaint and as such, it is rejected.