Delhi

East Delhi

CC/533/2022

NARENDRA VARSHNEY - Complainant(s)

Versus

M/S BHARTI AIRTAL LTD. - Opp.Party(s)

ANIRUDH GULATI

12 Apr 2023

ORDER

Case No.    :         533/2022

Date           :         12.04.2023

ORDER

Present       :         None today

 

1. Matter is at the stage of admission.  Arguments of Ld. Counsel for Complainant have already been heard.  It is interalia the case of the complainant that complainant entered into an agreement with OP for installation of Mobile Tower at the property of complainant and as such entered into an agreement by which OP was required to pay Rs.20000/- per month which rent was to be increased every three years by 10% and w.e.f. 04.09.2021 he was to be paid Rs.24200/- per month but OP informed the complainant that he wish to remove the Mobile Tower from the site of complainant and issued a termination notice on 15.07.2022 and as such he has filed the present complaint thereby seeking directions to the OP that he should pay Rs.96800/- towards rent and pay Rs.24200/- per month and also one lakh towards compensation.

 

2. The Commission on the last date of hearing i.e. 16.12.2022 had enquired from the counsel for complainant that how the complainant is a consumer of the OP and what services the OP had to give to the complainant to which there is no reply even today. 

 

3. The Section 2 of the Consumer defines consumer as follows:-

7) "consumer" means any person who-

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose, or.........

 

7) (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. 

 

4. Apparently, there is no averment in the entire complaint that OP has to give any service or was a service provider to the complainant.  Therefore, the complainant does not  fall within the definition of Consumer u/s 2(7) (ii) of the CPA-2019.  The complaint of the complainant is therefore dismissed.
5. File be consigned to Record Room.