DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLKATA, UNIT-II
8B, Nelie Sengupta Sarani, 7th floor, Kolkata – 700 087
Case No.CDF/Unit-II/C.C.No.328 of 2009 Date of filing : 23-02-2009
Date of Order : 30-12-2009
Complainant :
Vs.
O.P. /O.P.s :
Md. Israil s/o. Late Chamari Mia,
21/1, Rubber Street, P.S. Bowbazar, Kolkata – 700 012.
Sachidanand Prosad,
16, Convent Road, P.S. Entally, Kolkata – 700 014.
.
Before : HON’BLE PRESIDENT : SHRI S. BHATTACHARYYA
HON’BLE MEMBER : SHRI S. K. DEB
HON’BLE MEMBER : SMT. J. SAHA
ORDER
This is to consider an application u/s.12 of the C.P. Act, 1986 claiming realization of amount, interest and compensation on the ground of deficiency in service.
Briefly stated the fact that the complainant is a Labour Contractor in respect of fitting of marbles and tiles and the OP is a building contractor and marble supplier.
OP took over a project work for chipping, floor tiles and granite fitting from M/s. Bengal Silver Spring Project Ltd. at 5, J.B.S. Halder Avenue, Kolkata as a contractor and, thereafter, invited quotation for Labour Contract. Complainant submitted quotation dated 25-02-2007 for chipping charge, floor tiles fittings, granite fitting, cutting etc. which was accepted by OP. Complainant after completion of work submitted bill for Rs.3,54,184-96. OP paid only Rs.1,83,889-75. Despite repeated reminders OP failed to pay the balance amount of Rs.1,70,295-21. Hence, the application claiming realization of balance amount, interest and compensation.
Notice was issued against OP which was returned with postal comment “Not claimed”. So, the same was treated as “good service” according to law and the case was heard ex party.
Questions fall for consideration in this case are –
1) Whether complainant is a consumer within the meaning of C.P. Act? and
2) Whether he is entitled to get any order in terms of Section 14 of the said Act?
Decision with Reasons
Admittedly, the complainant is Labour Contractor in respect of business of fitting, marbles and tiles etc. and he sold his service to OP through quotation and after completion of work he submitted bill which was not fully paid.
Now, in view of the above admitted fact question arose whether complainant is a consumer within the meaning of the C.P. Act.
In terms of Section 2(1)(d) of the Act consumer means a person who buys any goods for a consideration or hires or avails of any services for consideration. It is the consumer who alone can come before the Consumer Fora. Unless the complainant is a consumer within the meaning of Section 2(1)(d), he is not entitled to any relief under the Act.
In the instant case complainant is a service provider and claims realization of money from a purchaser of service. So, he is not a consumer within the meaning of the Act.\
Therefore, for the reasons stated above the application is not maintainable and liable to be dismissed.
Hence,
Ordered
That the consumer complaint is dismissed ex parte against OP without cost.
Let a copy be supplied to the parties as per rules.
Dictated & Corrected
by me
(PRESIDENT)
MEMBER(M) MEMBER(L) PRESIDENT
Tags: Sachidanand Prosad