M.THANIKACHALAM J. - (1.) The opposite party is the appellant.
(2.) The respondent/ complainant, who is residing in Bharani Flats, was availing the lift service, provided by the opposite party, as per the understanding reached between themselves, with the Secretary of Bharani Apartment Association, in which the complainant is also a member. At the request of the Secretary of the said association, by name Mr. Captain Nair, the opposite party appears to have disconnected the service connection on 6.1.99. The complainant leveling deficiency and negligent act against the service provider, as if their act of disconnection should be construed as negligent act, followed by deficiency, has filed the case, claiming a compensation of Rs.25000/-, for the physical as well mental strain, suffered between 6.1.99 and 11.1.99.
(3.) The opposite party, admitting that they are the lift service provider for the Bharani Apartments, opposed the complainant, on the ground, with among other grounds, that there is no privity of contract, between themselves, and the complainant, and as per the definition available under Consumer Protection Act, the complainant cannot be a consumer, that as per the instruction of the Secretary of the flat owners association, they have disconnected the service connection, which cannot be challenged by the complainant, that too, in the absence of the Secretary of the Association, and as per the agreement, when the party to the agreement had requested to disconnect, they did so, which cannot be termed as negligent act, or deficiency, thereby praying for the dismissal of the complaint, denying other averments also.;