By Sri. Jose. V. Thannikode, President:
 

The complaint filed under section 12 of the Consumer Protection Act against the Opposite Parties to get the loss occurred on his vehicle due to the accident.

2. Brief of the complaint:- The Complainant is the owner of the vehicle bearing registration No.KL 12-A 836 Autorikshaw and Opposite Parties are insurer and owner of the bus bearing registration No.KL12C 6475.

3. On 27.04.2012 the Opposite Party's vehicle hit Complainant's vehicle and the autorikshaw fully damaged. The Sulthan Bathery Police registered a case against the driver of

the bus as Crime No.349/2012 of Sulthan Bathery Police Station and the case is pending before the Judicial First Class Magistrate I, Sulthan Bathery.

4. The damaged autorishaw was inspected by the Assistant Motor Vehicle Inspector of Motor Vehicle Department and shifted to pioneer Auto garage and assessed the repair cost and estimate worth Rs.39,820/- were is issued to Regional Transport Office Wayanad by the Mechanic.

5. The above accident is intimated to Opposite Parties on 03.05.2012 and claim from is lodged, but the 1^st Opposite Party said one or other lame excuses and denied the claim. Then the Complainant issued registered notice with demand of repair cost and loss and damages. In the mean time the 2^nd Opposite Party offered the expenses. But later they twisted from their words. The Opposite Parties are liable to settle the claim of the Complainant as per section II I (ii) damage to third party property in respect of One claim or

services of claims. The claim of the Complainant is legal and entitled for the same and the Opposite Parties are liable for the cost of the petition also with interest and prayed that the Hon. Forum may be directed the Opposite Party to pay an amount of Rs.39,820/- with 12% interest from 03.05.2012 till realisation and Rs.7,500/- per month from 03.05.2012 for the loss of income during the period and cost of this complaint.

6. Complaint filed on 16.08.2012 and notice were served to Opposite Parties. 1^st Opposite Party entered appearance on 31.12.2012 and 2^nd Opposite Party appeared on 29.09.2012 both Opposite Parties not filed version till 18.02.2013. Hence they set exparty on 18.02.2013. The 1^st Opposite Party filed IA 46/2013 to set aside the exparty order and 2^nd Opposite Party filed IA 94/2013 to set aside the exparty order. After hearing all the counsels the both IA's dismissed on 24.07.2013.                

7. The Complainant already filed chief affidavit and the Complainant's counsel were heard on maintainability issue as per the direction of the Forum.
 

8. On considering the complaint, affidavit and arguments put forward by the counsel of the complainant the following points are to be considered.

1. Whether the Complainant is a consumer as per the definition of the Act?

2. Whether the complaint is maintainable before the Forum?
 

9. Points No.1 and 2:- On perusal of the complaint , affidavit and argument and on perusal of the Consumer Protection Act we feel that.

10. This Complainant not insured his vehicle with the Opposite Parties. The Opposite Parties has noway offered any service to the Complainant and the Complainant not availed any service from the Opposite Parties. Hence we are in the opinion that he is not the consumer under the purview of Consumer Protection Act. Hence this complaint in not at all maintainable in this Forum. Hence the point No.2 found accordingly.

In the result, the complaint is dismissed with liberty to file before the proper authority or Court, since it is not maintainable in the Consumer Forum.
 

Dictated to the CA, transcribed by him and corrected by me and pronounced in the open Forum on this the 1^st day of November 2013.

Date of filing:16.08.2012.