CUSTOMER LINE PVT.LTD. Vs. TATA COMMUNICATIONS LTD.
LAWS(KERCDRC)-2009-6-9
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on June 09,2009

Customer Line Pvt.Ltd. Appellant
VERSUS
TATA COMMUNICATIONS LTD. Respondents

JUDGEMENT

M.V.VISWANATHAN, JUDICIAL MEMBER - (1.)The above complaint is filed claiming a total compensation of Rs. 47,28,000/ - under various heads with interest and cost. The case of the complainants is that the opposite parties failed to provide proper services to the complainants as agreed by the opposite parties and thereby the complainant suffered mental agony, inconvenience and financial loss. The 1st complainant is the Customer Line Private Limited a Private Limited Company incorporated under the provisions of the Companies Act and complainants 2 and 3 are the Directors of the 1st complainant company.
(2.)When this complaint came up for admission, this State Commission was pleased to issue notice to the opposite parties 1 and 2 and thereby the opposite parties entered appearance through their counsel Advocate V.K. Mohankumar for the 1st opposite party and Advocate Satheesh George for the 2nd opposite party. The opposite parties argued for the position that the complaint herein is not maintainable as the complainants are not consumers coming under the purview of the Consumer Protection Act, 1986. Thus the opposite parties requested for dismissal of the complaint as not maintainable in law. They also contended that this State Commission has no jurisdiction to entertain the dispute involved in the complaint as the complainants are not consumers as denied under Section 2(1)(d) of the Consumer Protection Act, 1986.
(3.)The 2nd complainant appeared in person and submitted his arguments on his own behalf and on behalf of the 1st complainant company and the 3rd complainant Director of the 1st complainant company. It is submitted that the complainants 2 and 3 as Directors have been running the 1st complainant company for their livelihood by means of self -employment and that thereby they are be treated as consumers coming under the purview of the Consumer Protection Act, 1986.


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