J VITTAL SHENOY Vs. K SHARADHA BAI

JUDGEMENT

(1.) The appellant is the tenant of the respondent in respect of the ground floor of the building bearing No.8.5.833 of Mangalore. According to the tenant, the Land-lady has not repaired the building, although two walls of it have collapsed. He also complaint about the sewerage water leaking from the first floor to his portion. Hence, it is clear that this complaint is against the land-lady by a tenant. According to the complainant, the rent he pays is the consideration and he has hired the services of the land-lady for keeping the premises in a habitable condition. The tenant is paying rent for the building and not for the services of the land-lady. Hence, it cannot be said that the tenant has hired the services of the land-lady for consideration. Therefore, the view taken by the District Forum, that the complainant will not be a consumer within the meaning of Sec.2 (1) (d) of the Consumer Protection Act, 1986 , is proper and we see no reason to interfere with the same.

(2.) In the result, the appeal is dismissed. No costs. Appeal dismissed.