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Shri Suresh P. Borkar Vs. Smt. Mangala Parab - Court Judgment

SooperKanoon Citation

Court

Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Decided On

Case Number

First Appeal No.308 of 2009 (In Consumer Complaint No.274 of 2008)

Judge

Appellant

Shri Suresh P. Borkar

Respondent

Smt. Mangala Parab

Advocates:

Appellant Shri Suresh Borkar in person. Mrs. Mangala Parab, Respondent In Person.

Excerpt:


.....filed by appellant/complainant-shri suresh borkar stood partly allowed, but not satisfied with it, this appeal is preferred by him. undisputed fact is that services of the complainant were taken by respondent/o.p. for transport of their students. there is a dispute about non-payment of dues thereof. therefore, consumer complaint is filed. o.p. denied the claim of the complainant. notice is waived by respondent. admit. we heard appellant shri suresh borkar in person as well as smt.mangala parab, respondent in person. in the instant case, services of the appellant were taken by o.p./school to transport their students from their respective homes to the school. if there is any dispute about recovery of hiring charges from the school, it cannot be a consumer dispute, particularly when the appellant is not a consumer of respondent/o.p. there is no appeal preferred by respondent/o.p. under the circumstances, basically, we find no ground to enhance the amount as awarded by the impugned order. hence, finding this appeal devoid of any substance, we pass the following order :- order: 1. appeal stands dismissed with cost of rs.1,000/-. 2. copies of the order be furnished to the parties.

Judgment:


Oral Order:

Per Shri S.R. Khanzode, Honble Presiding Judicial Member

This appeal arises out of order/award dated 30/01/2009 passed in consumer complaint No.274/2008 Shri Suresh P. Borkar V/s. Smt.Mangala Parab by District Consumer Forum Thane (Forum below in short). Consumer complaint filed by appellant/complainant-Shri Suresh Borkar stood partly allowed, but not satisfied with it, this appeal is preferred by him.

Undisputed fact is that services of the complainant were taken by respondent/O.P. for transport of their students. There is a dispute about non-payment of dues thereof. Therefore, consumer complaint is filed. O.P. denied the claim of the complainant.

Notice is waived by respondent. Admit. We heard appellant Shri Suresh Borkar in person as well as Smt.Mangala Parab, respondent in person.

In the instant case, services of the appellant were taken by O.P./School to transport their students from their respective homes to the school. If there is any dispute about recovery of hiring charges from the school, it cannot be a consumer dispute, particularly when the appellant is not a consumer of respondent/O.P. There is no appeal preferred by respondent/O.P. Under the circumstances, basically, we find no ground to enhance the amount as awarded by the impugned order. Hence, finding this appeal devoid of any substance, we pass the following order :-

Order:

1. Appeal stands dismissed with cost of Rs.1,000/-.

2. Copies of the order be furnished to the parties.


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