DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT)

B A R G A R H.

Consumer Complaint No. 26 of 2017.

Sudam Boladia, Son of Shiwram Balodia, aged about 48 (forty eight) years, Proprietor of M/s Ganesh Marketing, R/o Bargarh, Ward No.04, Po/Ps/Dist. Bargarh.                                                                                                                                     ..... ..... ..... Complainant.

• V e r s u s -

1. Hiten Jain, President Addiction Department, Personal Care Division, Kewal Kiran Clothing Ltd., 460/7 I.B. Patel Road, Goregoan (E) Mumbai-400063. Maharashtra.

2. Vikash Jain, Director Addiction Department, Personal Care Division, Kewal Kiran Clothing Ltd., 460/7 I.B.Patel Road, Goregoan (E) Mumbai-400063, Maharashtra.

   ..... ..... ..... Opposite Parties.

ORDER PASSED BY THE DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT), BARGARH ON DT.19/07/2017.

Dt. 19/07/2017.

Case posted today for order.

Complainant present through his advocate.

Advocate for Complainant filed one amendment petition on Dt.04/07/2017 which was heard on Dt.17/07/2017 by the forum. In the aforesaid amendment petition the Complainant has prayed the forum to incorporate one additional para as para No. (II) (a) after para No. (II). The amendment petition is considered and allowed and then proceeded to hearing on admission of the Complaint.

The advocate for Complainant vehemently argued that the Complainant has purchased the stock from the OPs but if is the OPs who are liable to sell their products/goods. The Complainant has not resale the goods purchased from the OPs and has become the Consumer of goods and he can be redressed by this forum as per provision of C.P.Act 1986 described for Consumers under the Act. Gone through the entire Complaint petition, Pleader Notice and documents available on record, even after allowing the amendment petition the nature of the case is not charged. The Complainant in his Complaint including cause title has mentioned in different paras that there was a business transaction between the Complainant and the OPs. More over the certificate issued by the OPs in favour of the Complainant mentioning him as Super Stockist for “KILLER” personal care products for the territory of Western Odisha. The definition of Super Stockist is one “who buy stocks from Company and sell these stocks to sub stockist” from this definition it clearly reveals that there was a commercial transaction between the Complainant and OPs and the elements of “resale or for commercial purpose” as described in Sec 2 (d) (1) of C.P.Act 1986 is present in this case and the Complainant in this complaint is not a consumer as per the provision mentioned above.

Hence the forum considering all the facts and law, dismissed the Complaint.

                                       Sd/-                                               Sd/-                                                      Sd/-

                      (Ajanta Subhadarsini)                ( Sri Pradeep Kumar Dash)                  (Sri Krishna Prasad Mishra)

                            M e m b e r(w)                            M e m b e r(m).                                          P r e s i d e n t.