Scope of consumer complaint

Subject: Scope of consumer complaint                                  Forum: The National Consumer Commission

Title:Poonam Chambers vs Aluplex India Ltd                      Case No.: FIRST APPEAL NO. 383 OF 2011                             Date of Decision:01-02-2013

Facts: OP was provided work contract and as OP left work without completing it, complainant terminated contract and got it completed from other agencies and filed complaint for recovery of amount due to deficiency of service.

Decision Fora below: Learned State Commission vide impugned order dismissed complaint at admission stage on the ground that contract was terminated by the complainant earlier to filing of complaint, hence, no relationship of consumer and service provider subsisted between the parties and there is no consumer dispute under Consumer Protection Act. 

National Commission said: “once the parties entered into a contract to provide service and the latter stopped work, the aggrieved party is entitled to file claim on account of deficiency of service even after termination of contract. Merely by termination of work contract it cannot be inferred that there was no relationship of consumer and service provider between the parties” at Para 6 and further at Para 7 “Merely because word ‘Commercial’ exists in the name of complainant, it cannot be inferred that work contract was given for commercial purposes”