Complainant called out, absent. We have perused the complaint averments, wherein it is alleged that, the complainant is a software engineer he would like to start his own venture business as an additional job and he was searching for a recognized institution and in the meanwhile he came in contact with OP who is carrying business of restaurants and agreed to provide franchisee of its restaurants and demanded to pay Rs.2,29,000/- for allotting franchise. Therefore, on 29.06.2017 the complainant had paid Rs.2,29,000/- to the OP. After few months, for the personal inconvenience, the complainant did not continue the franchise. Therefore, on 16.02.2018 the complainant requested the OP to refund the amount. From the pleading of the complaint, it appears that, the complainant wanted to do business of restaurant after obtaining the franchise from the OP. In addition to his profession that he being the software engineer and the complainant his nowhere stated that, he had started his business to earn his livelihood. Except stating that he wanted to start a business for commercial purpose. Under such circumstances, the complainant does not fall within the definition of the ‘Consumer’ under the Consumer Protection Act. Moreover, on 16.02.2018, the complainant requested the OP to refund the advance amount. So according to the complainant, the cause of action was arose on 16.02.2018. From the said date within two years the complainant ought to have filed the complaint. But on 31.12.2022 the present complaint was came to be filed beyond the period of two years. Therefore the complaint is also not filled within period of limitation. Therefore we are of the considered view that, complaint is not maintainable. Since the same was filed only with an intention to earn profits from his business and also the complaint is not maintainable since the same is filed beyond the period of limitation. Hence we pass the following order:- ORDER The complaint of the complainant is dismissed as not maintainable. |
