Order No. 5                             Dated: 30.05.2024

Today is fixed for admission hearing.

Ld. Advocate for the complainant is present. Heard Ld. Advocate for the complainant on admissibility of the complaint case. Considered.

On perusal of the complaint petition it appears that the complainant is a proprietorship firm under the name and style M/S S.K. Enterprises carry the business dealing with all kinds of edible oils for his livelihood and the complainant has no other source of income. It has also been stated in the complainant petition that the complainant used to purchase edible oils from various wholesalers in our country and the complainant sell the same in the local market. Having assurance from the OPs the complainant sold 200 tin each of 15 k.g. net weight Agmark Mustered Oil Mazdoor Brand value of Rs.3,20,040/- including GST credit invoice no. in cash / credit invoice no. 133 dated 18.12.2019 and 150 tin each of 15 k.g. net weight Soyabin Refined Oil including GST credit invoice no.36 dated 30.12.2019 to the OPs. 

In spite of supplied those edible oils to the OPs, the OPs did not clear the outstanding dues. Prayer of the complainant is for a direction to the OPs for payment of outstanding dues of Rs.5,52,541.50 along with other prayer.

On the above, it reveals that the complainant purchased those edible oils from wholesaler and sold the same to the OPs and as such the complainant is the seller herein. 

It also reveals that no cogent documents has been annexed with the Consumer Complaint as to number of workers, tax payment receipt and others in support of livelihood of the complainant M/s. S.K. Enterprises.

As the matter of resale does not come within the periphery of the CP Act, 2019 as laid down U/S 2 (7)(1) of the CP Act, 2019. 

Based on the above observation, we are not inclined to admit the instant Consumer Complaint and rejected accordingly.

MA/256/2024 filed by the complainant on 28.05.2024 calls for no consideration and rejected.

Note in the relevant registrar.