TMI Blog2021 (9) TMI 1157X X X X Extracts X X X X X X X X Extracts X X X X ..... rest can be filed only with the permission of the forum of which the jurisdiction is invoked. Since the complainant is neither a voluntary consumer association nor a registered body, nor the permission of the appropriate forum has been sought, therefore, the complaint itself was not maintainable. Since the opposite party is a sole proprietorship consultancy of Mr. I.J. Aneja, therefore, the liability of payment of investments would be that of Mr. I.J. Aneja and not of the employees who were engaged by Mr. Aneja at different places such as Nehru Place, NOIDA and Ghaziabad - Since, the complaint itself was not maintainable and the appellant is an employee engaged by the sole proprietorship consultancy, there cannot be any personal liabilit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the Act reads as under:- 2. Definitions. - (1) In this Act, unless the context otherwise requires,- (b) 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; or (iv) one or more consumers, where there are numerous consumers having the same interest; (v) in case of death of a consumer, his legal heir or representative; who or which makes a complaint; 12. Manner in which complaint shall be made.-(1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Since the opposite party is a sole proprietorship consultancy of Mr. I.J. Aneja, therefore, the liability of payment of investments would be that of Mr. I.J. Aneja and not of the employees who were engaged by Mr. Aneja at different places such as Nehru Place, NOIDA and Ghaziabad. Since, the complaint itself was not maintainable and the appellant is an employee engaged by the sole proprietorship consultancy, there cannot be any personal liability which can be inflicted upon the appellant by virtue of only being an employee of a sole proprietorship. Consequently, the present appeal is allowed. The order passed by the NCDRC is set aside and the complaint is dismissed. Before parting, we must place on record the efforts put by Mr. Chrit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
