Jharkhand

StateCommission

A/163/2014

Dilip Kumar Bhagat - Complainant(s)

Versus

The Chairman Mamber Secretary, Maheshpur Lamps Ltd. - Opp.Party(s)

Mr. Mahesh Tiwari

11 Mar 2015

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI
FINAL ORDER
 
First Appeal No. A/163/2014
(Arisen out of Order Dated 22/09/2014 in Case No. CC/09/2014 of District Pakaur)
 
1. Dilip Kumar Bhagat
Maheshpur, P.O. & P.S.- Maheshpur
Pakur
Jharkhand
...........Appellant(s)
Versus
1. The Chairman Mamber Secretary, Maheshpur Lamps Ltd.
Maheshpur, P.O. & P.S.- Maheshpur
Pakur
Jharkhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT
 HON'BLE MRS. Sumedha Tripathi MEMBER
 HON'BLE MR. Ajit Kumar MEMBER
 
For the Appellant:
For the Respondent:
ORDER

1.       All the three similar appeals were heard together and are being disposed of by this common order.

2.       The appeals have been filed along with limitation petition for condoning the delay of about 22 days in filing these appeals.

3.       The appeals have been filed against the orders passed in different complaint cases on 22.9.2014, by which the complaint cases have been dismissed as not maintainable.

4.       According to the complainant, the respondents hired their truck for carrying rice. There was delay in unloading the trucks, for which detention charges were fixed @ Rs. 1500/- per day. Fare was paid but detention charges for 30 days were not paid.

5.       The Learned District Forum, interalia held that the complainant himself is a service provider to the respondents and therefore he is not a consumer under Consumer Protection Act. It also referred to the decision reported in 2010 CTJ 287 (NC) 

6.       Learned counsel for the appellant submitted that the appellants are consumers but he could not show how.

7.       The Learned Lower Forum has rightly dismissed the complaints as not maintainable.

8.       In the circumstances, even if the delay of about 22 days in filing these appeals are ignored, we find no merit in these appeals which are accordingly dismissed.

 However, the appellants are at liberty to agitate their grievances, if any, before appropriate Forum/ Court.

         

Issue free copy of this order to all concerned for information and needful.

 
 
[HON'BLE MR. JUSTICE R.K. Merathia]
PRESIDENT
 
[HON'BLE MRS. Sumedha Tripathi]
MEMBER
 
[HON'BLE MR. Ajit Kumar]
MEMBER

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