Date of filing:- 07/04/2015
Date of Order:- 08/07/2015
DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT)
B A R G A R H.
Consumer Dispute Case No. 27 of 2015.
Sri Birabara Satpathy, S/o Purna Chandra Satpathy, aged about 57(fifty seven) years, Occupation-Service, serving at Sales Executive of Aditya Motors, Bargarh, Po/Ps/Tahasil. Bargarh, Permanent r/o Kanthipali, Po. Bhukta, Ps. Ambabhona, Tah- Bhatli, Dist. Bargarh, At present R/o/Po/Ps/Tah/Dist.Bargarh. ..... ..... ..... Complainant.
Arjun Kumar Agrawal, Proprietor of Aditya Motors, having its office and place of business at N.H.6, Haldipali Chowk, Bargarh, Po/Ps/Tah/Dist. Bargarh.
Kishor Agrawal, S/o Arjun Agrawal, residing in front of Bharat Petrol Pump, Bargarh, which is situated at front side of N.H.6, Bargarh, Po/Ps/Dist. Bargarh.
..... ..... ..... Opposite Party
ORDER PASSED BY THE DISTRCIT CONSUMER DISPUTES REDRESSAL FORUM (COURT), BARGARH ON Dt.08/07/2015
Dt.08/07/2015.
The case posted to day for order on the Admission hearing heard on Dt.17/06/2015.
Heard the matter.
Perused the Complaint petition and documents filed by the Complainant.
On perusal of the Complaint petition it is found that, the Complainant is the Sales Executive under O.P. who supplies Tractors of Indrabati Motors and Trolly of Aditya Motors to different intending purchaser and customers of Tractors and Trollys. The Complainant as per the quotation of Swaraj Tractor and Trolly and as per quotation of Bank of India, Bargarh helped the purchaser Umakanta Bhue to purchase a Tractor and Trolly from the Opposite Parties on Dt.09/09/2011 at the rate of Rs.75,000/- out of which the Complainant had paid Rs.65,000/- on Dt.09/09/2011 as an advance out of the total sale price of the trolly to which the O.Ps duly received and issued a Money receipt in the favour of Umakanta Bhue which clearly disclosed from the Money receipts enclosed in the record.
Further reveals from the Complaint petition that the Complainant requested several time to O.Ps for delivery of the Tractor & Trolly but the O.Ps instead of giving them sold the said Trolly to other person. Therefore the Complainant become aggrieved and filed the case before this forum for unfair trade practice on the part of O.Ps. According to Section-2(d)(i) 'Consumer' means any person who buys any goods for a consideration which has been paid or promise or partly paid. In this case the Money receipts stands in the name of Umakanta Bhue who purchase the Tractor Trolly from Opposite Parties. So, here Umakanta Bhue is a consumer under the O.Ps and Umakanta Bhue has every right to file a consumer case against the O.Ps as he has paid consideration. Here the Complainant has no locustandi to file this case. So this case is not maintainable as the present Complainant is not a consumer under the O.Ps as per the provision of C.P. Act-1986.
Again the Complainant in same petitions submitted that the O.P has also not paid commission profit to the Complainant i.e. Rs.10,000/- per each sale of Trolly. Though the Complainant sale 200 Trolly the O.Ps have paid only the commission for 10 Trolly. On request O.Ps paid only Rs.65,000/-. So on the bare perusal of this case clearly goes to show that, it is also a Commercial Transaction between Complainant and Opposite Party.
Further from the above foregoing discussions and also from the Affidavit filed by the Complainant it is clear that, the Complainant has not come to the forum with a clean hand and every disputes he mixed up in the same petition which are of confusing nature.
So, the case is dismissed as it is not maintainable, as the Complainant is not a consumer.
Case is disposed off accordingly.
Sd/- Sd/-
(Sri Pradeep Kumar Dash) (Miss Rajlaxmi Pattnayak)
M e m b e r. P r e s i d e n t.
