In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 145 / 2010.
1) Shalimar Chemical Works Ltd.,
92E, Alipore Road, Kolkata-700027. ---------- Complainant
---Versus---
1) Annapurna Motors,
14/6, Gariahat Road, Kolkata-700019. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,Member
Smt. Sharmi Basu ,Member
Order No. 20 Dated 25/04/2012.
The instant case has been filed by the complainant Shalimar Chemical Works Ltd. u/s 12 of the C.P. Act, 1986 with allegation of defect in goods and also for deficiency in service against the o.p. Annapurna Motors.
In a nutshell, the case of the complainant is that the complainant is a renowned manufacturer of coconut oil, mustered oil, spices and was launching Ayurvedic Jesmine oil in the market, placed order upon o.p. for supply of 7 inches white colour combs on 23.9.08 for supply of 5,00,000 pieces of combs on 30.5.09 for supply of 2,00,000 pieces of combs and again on 30.9.09 for supply of 6,00,000 pieces of combs. The specification of combs as agreed to be supplied by the o.p. were 7 inches handle comb, white colour, weighing 14 to 16 gms. The quotation of o.p. dt.19.9.08 was approved by the complainant on 23.9.08 and the complainant advanced a sum of Rs.2 lacs for the supply of initial 5,00,000 pieces of combs which was acknowledged by o.p. on 23.9.08. As per the complainant, the complainant presumed that the o.p. would supply the combs as per specification weighing in between 14-16 gms. and placed good order for supply of 13,00,000 pieces of combs at the agreed price of the o.p. In the mean time o.p. in order to deceive the complainant started receiving complaints from the distributors who were selling Ayurvedic Jasmine oil and also offering these combs to the customers that the combs are of inferior quality weighing on an average 11 gms. Moreover, the o.p. subsequently started charging VAT @ 4%. Later the o.p. also admitted their mistake and promised to issue credit note of excess VAT charged from the complainant amounting to Rs.56,585/- which was illegally realized excess by the o.p. from the complainant. Thereafter, the complainant issued notice dt.4.2.10 stating the market value of the 803680 pieces of inferior quality combs, supplied by the o.p. to complainant which Rs.1.30 per piece after obtaining from the market. As per the o.p. under the aforesaid circumstances the o.p. is entitled to charge 803680 x 1.3 = Rs.10,44,784/- + 4% VAT = Rs.10,86,508/- from the complainant.
But the o.p. has clearly realized Rs.15,75,383/- instead of Rs.10,86,508/-. The complainant requested the o.p. to refund the excess amount of Rs.4,89,345/- with interest @ 18% p.a. within 7 days and ultimately the complainant sent a legal notice on 24.3.10 to the o.p. to pay a sum of Rs.4,89,345/-. But all in vain. Hence, the instant complaint is filed before this Forum for redressal of the aforesaid disputes. The complainant has prayed for relief as mentioned in the complaint.
O.p. has contested the instant case by filing w/v and denied all the material allegations of the complainant and has prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings, evidence and documents in particular. We find that complainant is a company viz. Shalimar Chemical Works and it had transaction with o.p. for commercial purpose and on careful application of the judicial mind we are of the view that the instant case does not fall within the ambit and scope of the definition of the ‘consumer’ as has been envisaged in Sec 2(1)(d)(i) of the C.P. Act and the instant case is not maintainable in Forum like us.
Hence, ordered,
That the instant case is not maintainable in this Forum in view of the observation made in the body of the judgment and complainant is at liberty to agitate this issue in proper Forum on the self-same cause of action.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
