Kerala

Wayanad

CC/142/2014

The Secretary, Human Rights People Protection, Regd(Wyd/CA/213/2014) Kottakkunnu, - Complainant(s)

Versus

The Manager, T K C Canteen, Milk Booth & Coolbar, K S R T C Busstand, - Opp.Party(s)

27 Nov 2014

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
CIVIL STATION ,KALPETTA
WAYANAD-673122
PHONE 04936-202755
 
Complaint Case No. CC/142/2014
 
1. The Secretary, Human Rights People Protection, Regd(Wyd/CA/213/2014) Kottakkunnu,
Sulthan Bathery
Wayanad
Kerala
...........Complainant(s)
Versus
1. The Manager, T K C Canteen, Milk Booth & Coolbar, K S R T C Busstand,
Sulthan Bathery
Wayanad
Kerala
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Jose V. Thannikode PRESIDENT
 HON'BLE MR. Chandran Alachery MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

By. Sri. Jose. V. Thannikode, President:

The complaint is filed under section 12 of Consumer Protection Act against the opposite party to show the price list of the items which is selling by the opposite party.

2. Brief of the complaint:- The complainant is the Secretary of Human Rights People Protection, Reg No. Wyd/CA/123/2014, Sulthan Bathery, his allegation is that the opposite party is not displayed the price list of the items which they are selling and there by the common people are very much affected since the opposite party's is changing the price at his own will and wish. As a Secretary of Human Rights People Protection, he filed this complaint to direct the opposite party to display the price list and there by the common people may be saved from cheating and prayed to direct the opposite party to pay cost and compensation to the complainant to the tune of Rs.75,000/-.

 

 

3. Notice were served to opposite party and opposite party entered appearance and filed version denying all the allegations in the complaint and further stated that the opposite party has displayed the price list and the complainant or anybody connecting any way to the complainant have not came his shop and not purchased anything and there by he is not a Consumer as per Consumer Protection Act. Also stated that he is not entitled to get any compensation from the opposite party.

 

4. Thereafter the complainant filed I.A No.343/2013 to take out a commission to inspect the shop of opposite party and to report and opposite party filed I.A No.344/2014 challenging the maintainability aspects. Copies were given to either side, both parties not filed counter in both the I.A's. Since the I.A No.344/2014 is challenging the maintainability. Heard the opposite party on I.A. No.344/2014 on 13.11.2014 but complainant not present for hearing.

5. On perusal of complaint, version and I.A. We are in the opinion that the complainant has not consumed anything from the opposite party's shop and he or any man of complainant not received any goods or things or service from the opposite party. He will not come under the pursuance of Consumer as per Consumer Protection Act.

 

Hence the I.A No.344/2014 is allowed and hence the I.A is allowed the complaint is not maintainable before the Forum. Hence the complaint is also dismissed. But anyway the opposite party is directed to display the price list in a conspicuous place in his shop from the date of receipt of this Order.

 

 

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 27th day of November 2014.

Date of Filing:08.07.2014.

 

 
 
[HON'BLE MR. Jose V. Thannikode]
PRESIDENT
 
[HON'BLE MR. Chandran Alachery]
MEMBER

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