ORDER ON ADMISSION OF COMPLAINT
SRI.C.V.MARGOOR, PRESIDENT
This complaint is filed by M/s. Murthy Electrical & Engineering Works represented by its proprietor Sri.B.V.Narasimhamurthy resident of Pavagada town, Tumakuru district to direct the Opposite parties (1) the Chief Executive Officer, Zilla Panchayath, Tumakuru district, (2) The Executive Officer, Taluk Panchayath, Pavagada taluk and (3) Panchayath Development Officer, Rajavanthi Grama Panchayath, Rajavanthi, Pavagada Taluk to pay a sum of Rs.10,30,000=00 with interest @ 12% p. a.
from 12-7-2017 till the date of filing of this complaint, Rs.50,000=00 as compensation, Rs.50,000=00 for loss of mental agony, pain suffering etc. and Rs.15,000=00 as litigation cost.
2. It is the case of complainant that he is carrying on the business of electrical engineering works at Pavagada and on 25-12-2014 the OP No.3 Panchayath Development Officer, Rajavanthi Grama Panchayath, Rajavanthi placed orders with this complainant for the repairs of failed submersible pumps and starters which are situated in and around the OP No.3 Rajavanthi Grama Panchayath limits. There are nine villages to OP No.3 Panchayath in which the complainant has repaired 29 IP sets starting from 10HP to 7.5HP and 12HP IP sets during the period from 12-12-2015 to 18-5-2017. Thereafter the complainant has submitted bill for Rs.10,30,000=00 towards repair charges but the OP No.3 has failed to pay the bill amount. Further the OP No.3 has failed to comply with the direction issued by the OP No.1 and 2 to pay the bill amount. The complainant has made correspondence with the OPs and inspite of directions issued by the Hon’ble High Court in WP No.27808/2018 dated 19-8-2019 the OPs have failed to pay the bill amount hence, this complaint.
3. The learned counsel for the complainant took time to convince on the point of admission of complaint and thereafter they remained absent continuously for four adjournments on 28-1-2021, 1-2-2021, 17-2-2021 and 1-3-2021.
4. Section 2 (7) of the Consumer Protection Act, 2019 defines "consumer" means any person who —
- 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
- 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.
5. The complainant has not hired or availed any service for consideration from the OP No.3. If the complainant had availed or hired of any service from the OP No.3 by paying consideration or promise to pay consideration then he would have become a consumer under the CP Act, 2019. The OP No.3 has not provided any service to the complainant for consideration. On the contrary the complainant has provided service to the OP No.3. This complaint is in the nature of recovery of money and District Consumer Commission has no jurisdiction to entertain the complaint for recovery of money from the OPs. The complainant not falls under the definition of Consumer as per Section 2 (7) (i) and (ii) of the Consumer Protection Act, 2019. Therefore, the complaint deserves to be dismissed as not maintainable. For the above reasons, we proceed to pass the following;
ORDER
The complaint filed by M/s. Murthy Electrical & Engineering Works is dismissed as not maintainable.
Furnish the copy of order to the complainant and opposite parties at free of cost.
