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Judgment
THIS case coming on for hearing upon perusing the Memorandum of grounds filed herein and upon hearing the arguments of Mr. G. Subba Rao Advocate for the petitioner.
THE State Commission at the admission stage made the following order : - The complainant is the correspondent of Kalabharathi Vidya Parishad Boarding Home for Boys and Girls at Kanigiri, Prakasam District, which is a registered society, started in the year 1976. It is stated that the purpose of starting the Boarding Home is to feed the destitute students and educate them in the school. The complainant had started the Boarding Home with the hope that the Government (Social Welfare Wing) will recognise the existence of such Home by according recognition and allot funds. It is stated that the complainant had run the Boarding Home from 1977 to 1983.
The grievance of the complainant is that the respondents failed to pay the amount which they were liable to pay to him, towards the maintenance of the Boarding Home for Boys and Girls at Kanigiri. In this Consumer Dispute the complainant seeks a direction to the respondents to pay Rs. 7,96,878.70ps. (Rupees Seven Lakhs Ninety Six thousand eight hundred and seventy eight and seventy paise only) with interest at 12% per annum till 19-12-1996.
WE are unable to understand how this complaint is maintainable under the provisions of the Consumer Protection Act, 1986. The respondents cannot be said to have made available any services that can be hired by potential users for a consideration. In our view, the complaint does not relate to a service contemplated under the provisions of the Consumer Protection Act, 1986 and the complainant cannot be said to be a "Consumer" in the sense of having hired the services made available by the respondents for a consideration. In those circumstances, the complaint is dismissed as not maintainable. Complaint dismissed.