K RANGASWAMY Vs. JAVA VITTAL

JUDGEMENT

(1.) In this complaint Notice was given to the com- plainant to appear before the Commission and to argue on the question of maintainability of complaint. Accordingly, we heard the complainant today.

(2.) Few facts necessary for the disposal of the complaint may be stated as follows: -The Complainant had engaged the services of the Respondent who is an advocate at Bangalore for conducting CRP No.807/1985 on the file of the High Court of Karnataka, Bangalore, by paying a consolidated fee of Rs.2,500/- through Cheques bearing Nos. 'g' 0993646 and 0993647 dated 30.9.1988 and 1.10.1988 respectively, drawn on the Bank of Baroda, Bangalore - 560 009. When the said CRP came up for hearing on 6.10.1988 before Court Hall No.17 at 4.00 p. m. , it was passed over to the next day on account of the absence of the Respondent's Counsel Mr. G. E. Kotre. The said case was not reached on the next date. In the mean time, as demanded by the Respondent, the complainant paid him Rs.2,000/- in cash on 11.10.1988. The Respondent asked the complainant to pay Rs.3,000/- more but the complainant expressed his inability to pay the same. Then the Respondent handed over the file to the complainant and asked the complainant to wait in the Court Hall and went away saying that he will be coming after attending another case. When the case was called at 12.50 p. m. , the Respondent was not present. The Court heard Mr. Kotre appearing for the Respondent in the CRP. The complainant search for the Respondent but could not trace him. The Court however, dismissed the CRP. After the Order dismissing the CRP was passed, the Respondent went to the Court Hall and the complainant told him about the result of the case. The Respondent advised the complainant to withdraw the case and to file an appeal before the Supreme Court of India and that he will entrust the matter to a friend of his at New Delhi. On payment of a fee of Rs.10,000/- the Complainant spurned his offer, as he had lost confidence in the Respondent. Hence he has filed this complaint against the Respondent for professional misconduct.

(3.) According to Sub-Clause (b) of Sec.2 (1) of the Consumer Protection Act, 1986 (hereinafter referred to as the 'act'), the 'complainant' means: (i) a consumer; or (ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956), or under any other law for the time being in force; or (iii) the Central Government or any State Government, who or which makes a complaint. The Complainant, in this case will not fall in category numbers 1 and 2. So he must be a consumer to be able to file a complaint. According to Sub-clause (d) of Sec.2 (1) of the Act, 'consumer' means any person who: (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such use is made with the approval of such person but does not include a person who obtains such goods for resale or for any commercial purpose; or (ii) hires any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person. According to Sub-clause 'o' of Sec.2 (1) of the Act, 'service' means: service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, entertain- ment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.