DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the  10^th  day of February, 2023

Present      :   Sri. Vinay Menon V.,  President

                  :  Smt. Vidya A., Member                        

                  :  Sri. Krishnankutty N.K., Member                                Date of Filing: 08/07/2022    

                         CC/119/2022

Mathew,

S/o. John,

‘Emerald’, lakshmy Housing Colony,

Kanjikode, Palakkad .                                                  -           Complainant

(By Adv. K.K. Thankappan)

                                                                                    Vs

Asian Building Material(TATA PRAVESH)

Doors and Windows,

Near South Police Station,

Coimbatore Road, Palakkad  - 678 001                      -           Opposite parties

            (By Adv. T.P.O. Akbar Ali)

O R D E R   O N   T H E   Q U E S T I O N   O F   M A I N T A I N A B I L I T Y

By Sri. Vinay Menon V., President

1. Complaint grievance, in short, is that the complainant, a builder cum contractor, acting for and on behalf of a customer, one K.S. Dileep Kumar, approached and paid an amount of Rs. 25,000/- as advance payment to the opposite party for purchase and installation of doors and windows. But the opposite party failed to install the same and refused to return the amount paid as advance. Aggrieved thereby, this complaint is filed.  
2. Since the complaint was filed by the complainant herein in his personal capacity, the complaint was admitted on condition that the question of maintainability of the case would be decided as a preliminary issue.
3. The complaint is not filed in a representative capacity. The complainant is not a consumer of the services rendered or products sold by the opposite party. He is a contractor who was engaged by one K.S. Dileep Kumar. Hence Dileep kumar is the consumer. And Dileep Kumar has no complaints whatsoever.
4. The dispute herein is  a civil dispute for return of money, which cannot be adjudicated by this Commission as long as the complainant herein is the litigant as he is not a consumer or beneficiary of the opposite party as contemplated under the Consumer Protection Act, 2019.
5. Accordingly, this complaint is dismissed.

                  Pronounced in open court on this the 10^th day of  February, 2023.        

                                                                                                                 Sd/-

                                                                                             Vinay Menon V

                                                      President

      Sd/-

   Vidya.A

                       Member        

       Sd/-                                             Krishnankutty N.K.

                                                                                                      Member

NB : Parties are directed to take back all extra set of  documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.