ORDERS ON MAINTAINAABILITY ON ADMISSION

1. Heard the arguments of the complainant. Perused entire complaint averments. On the maintainability of the complaint the Commission opined as follows.

2. On perusal of the complainant’s averments, it is observed that no where in the entire complaint facts, the complainant has failed to explicitly pleaded what item the complainant has ordered and what was the value he has paid for the said item and he has also miserably failed to explain what was the deficiency which has occurred to the complainant during the course of service of the OP. It is pertinent to note that on perusal of the facts, it is observed that none of the complainant’s allegations does not attract the provisions of the C.P.Act, 2019. The complainant has failed to make out the case of the deficiency under the provisions of section 2(7)(1) of C.P.Act,2019. When the complainant has utterly failed to make out his case under the provisions of the C.P.Act, the complaint which is maintained by the complainant is not maintainable either in law or on facts and the present complaint deserves to be rejected on the admission for the above reasons.

3. On the merits, it is observed by this Commission that the complainant has acknowledged the receipt of sum of Rs.20,000/- from the OP, that took place which is prior to the filing of the present complaint. The prayer of the complainant is for the payment of compensation of Rs.20,000/- and thereafter in the complainant averments and the demands of the complainant the commission held that when the complainant he himself has admitted the receipt of sum of Rs.20,000/- from the OP which is prior to the filing of the present complaint. The question of maintainability of the complaint arises that the complainant, when the complainant admitted that after receiving the entire payment of Rs.20,000/- the present complaint is maintained the question of maintainability of the present complaint needs to be considered on these facts. As soon as when the complainant received the entire amount  which is paid by the OP, the acceptance of payment without raising any objections at the point of time by the complainant right to sue ceases  as on the date.  The movement when the  payment is received by the complainant without raising any objection the cause of action to file the complaint does not accrue to the complainant. The complainant has no locustandy to maintain the present complaint in view of the above events.
1.  

(1)Privity of Contract: It is also well settled that provisions of Consumer Protection Act,1986 are not applicable as the appellant-complainant ceases as per the Act and the privity of the contract between the consumer and service provider, came at an end, the moment when the appellant-complainant has accepted the amount unconditionally.

4. The receipt of the payment by the complainant put on end to the privity of contract between the parties when such being the case, the complaint initiated by the complainant deserves to be rejected at the threshold on admission of the complaint for the above reasons.

                                       ORDER

Complaint is rejected  as not maintainable.

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)             

         MEMBER