Orissa

Jagatsinghapur

CC/109/2020

Dhruba Charan Nayak - Complainant(s)

Versus

Bidyadhar Sahoo General Manager Cuttack Milk Union - Opp.Party(s)

Mr.O.P.Das

30 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/109/2020
( Date of Filing : 20 Aug 2020 )
 
1. Dhruba Charan Nayak
Vill-Arakhia Po-Balia Ps-Kujanga
jagatsinghpur
...........Complainant(s)
Versus
1. Bidyadhar Sahoo General Manager Cuttack Milk Union
Cuttack Milk Union Mahanadi vihar Nuabazar
Cuttack
2. Pradyumana kumar Swain Manager Tirtol Dairy
At/po-Nuapada Ps-Tirtol
jagatsinghpur
3. Soubhagya Patel route Superviser
At/po-Nuapada Ps-Tirtol
Jagatsinghpur
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRAVAT KUMAR PADHI PRESIDENT
 HON'BLE MRS. MADHUSMITA SWAIN MEMBER
 
PRESENT:
 
Dated : 30 Nov 2022
Final Order / Judgement

                                                                                               JUDGMENT

 

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to collect milk from the complainant’s M.P.C.S.”.

            The brief fact of the complainant is that, the complainant is now performing as the Secretary of Arakhia M.P.C.S., Arakhia under the police station of Kujang under the district of Jagatsinghpur as agreed between the complainant along with the President of the M.P.C.S. and members in the one hand and the opposite parties on the other hand and from the date of agreement the complainant by collecting the milk from the framers supplying the same to the O.M.F.E.D. through Tirtol Diary. Recently the opposite parties over telephonic message stopped the complainant to supply milk without assigning any reason as such the M.P.C.S. is not providing milk to OMFED, Tirtol Dairy causing stupendous loss because the same is functioning in a rented house and more than Rs.1,50,000/- cost of equipments are there along with the farmers who have provided milk became harassed causing financial loss and not only the complainant but all the farmers who are providing milk and getting money remain in dark about the future of the complainant’s M.P.C.S.

            The opposite parties have neither appeared nor filed written version, hence set ex-parte on 23.9.2022.

            The issue to be decided in this case is whether in the complainant is a consumer and whether he has paid any consideration. The complainant is a secretary of the multipurpose co-operative society and his grievance is to collect and supply the milk, which is commercial in nature. As such the complainant is not a consumer within the purview of Consumer Protection Act. The complainant has also not paid any consideration to collect and supply milk. As such there is no deficiency of service on the part of opposite parties. Accordingly the consumer complaint is dismissed without any cost.

            Pronounced in the open Commission on this 30th Nov.,2022.

 
 
[HON'BLE MR. PRAVAT KUMAR PADHI]
PRESIDENT
 
 
[HON'BLE MRS. MADHUSMITA SWAIN]
MEMBER
 

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