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Judgment
5 paragraphs · 347 words-THIS is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.
THE complainant is a partnership firm engaged in the transport of goods. According to the complainant, it transported bulk and packed Bitumen from three oil companies to various placed in India, under instruction from the opposite party who is the Executive Engineer P.WD, Karnataka. According to the complainant a sum of Rs. 4,46,957-96 is due to him towards the transport charges. In spite of repeated visits and legal notices the opposite party has not made the payment. Hence this complaint for recovery of the amount with compensation. It is contended by the opposite party inter-alia that the complainant is not a consumer
Exh. A1 to A32 and B1 to B6 are marked by consent. Proof affidavits are filed. No oral evidence has been let in.
THE preliminary question which arises for consideration is whether the complainant is a consumer and is entitled to maintain this complaint. Under Section 2(1) (d) (ii) of the consumer Protection Act a person is a consumer who hires or avails of the services of the opposite party for any consideration. In the instant case, the complainant which is a public carrier has transported goods for the opposite party and this claim is for the recovery of the transport charges amounting to Rs. 4,46,957-96. It is obvious that me the complainant has not hired or availed the serious of the opposite party and it is the opposite party who has hired or availed of the services of the complainant for consideration. The complainant is not a consumer. It is the opposite party who is the consumer. As has been repeatedly pointed out by this Commission the Consumer Protection Act is a one way traffic. It is the consumer who can come to this Court for relief and not the trader or merchant or tenderer of service. Their remedy is before the regular Civil Court. The complaint is, therefore, misconceived.
IN the result, the complaint fails and is dismissed, but without costs. Complaint dismissed.