LAWS(NCD)-2017-2-49

ZEE LEARN LIMITED AND HAVING ITS REGIONAL OFFICE AT:NO 49/5, RAMA ARCADE, OPP.AG INTERNATIONAL HOTEL, BOWRING HOSPITAL ROAD,SHIVAJINAGAR BANGALORE Vs. KESHAVA MURTHY D.M S/O. LATE MUNICHANNAIAH AGED ABOUT 39 YEARS, RESIDING AT NO. 169,2ND MAIN 3RD CROSS,BHOVIPALAYA MAHALAKSHMIPURAM MAHALAKSHMIPURAM BANGALORE

Decided On February 23, 2017
Zee Learn Limited And Having Its Regional Office At:No 49/5, Rama Arcade, Opp.Ag International Hotel, Bowring Hospital Road,Shivajinagar Bangalore Appellant
V/S
Keshava Murthy D.M S/O. Late Munichannaiah Aged About 39 Years, Residing At No. 169,2Nd Main 3Rd Cross,Bhovipalaya Mahalakshmipuram Mahalakshmipuram Bangalore Respondents

JUDGEMENT

(1.) This revision is directed against the order of the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, "the State Commission") dated 22.8.2016 in first appeal No.1905/2016.

(2.) Facts giving rise to this revision petition are that the respondent filed a consumer complaint in respect of alleged deficiency in service on the part of the opposite party in relation to a franchisee agreement entered into between the parties. The opposite party was ex-parte before the District Forum. The District Forum vide its order dated 14.7.2016 took the view that since the services of the opposite parties were hired/availed for commercial purpose, the complainant was not a consumer. The complaint was, therefore, dismissed on the aforesaid technical ground.

(3.) Being aggrieved of the dismissal of the complaint, the respondent/complainant approached the State Commission, Karnataka in appeal. The State Commission without opting to issue notice of the appeal to the petitioner/opposite party allowed the appeal and remanded the matter back to the District Forum concerned with a direction to consider the case on merits after issue of notice to the opposite parties.