Orissa

Jagatsinghapur

CC/94/2020

Minati Barik - Complainant(s)

Versus

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

Mr.J.B.Mohanty

30 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/94/2020
( Date of Filing : 14 Jul 2020 )
 
1. Minati Barik
Vill-Arakhia po-Balia Ps-Kujanga
Jagatsinghpur
...........Complainant(s)
Versus
1. Bidyadhar sahoo General Manager Milk Union
Mahanadi vihar Nuabazar
Cuttack
2. Pradyumna Kumar Swain, Manager
Tritol Dairy At/po-Nuapada Ps-Tirtol
Jagatsinghpur
3. Saubhagya Patel 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:Mr.J.B.Mohanty, Advocate for the Complainant 1
 Ex-Parte, Advocate for the Opp. Party 1
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 not to allow any other M.P.C.S. in village Arakhia and not to collect milk from the newly established M.P.C.S.”.

            The brief fact of the complainant is that, the complainant is acting as Secretary of Bajrasuna M.P.C.S., Arakhia which is a woman MPCS and duly registered under OMFED vide regd. No.III-480-1/98 on 24.11.1998 and since the date of registration the complainant by collecting the milk from the farmers supply the same to the OMFED through the Tirtol Diary. As per the bye law of the Bajrasuna M.P.C.S. it is stated that the area of operation is Arakhia, Balia and Tentoikuda but the opposite parties violating the rules and regulation and without considering the interest of the members of the M.P.C.S. started another M.P.C.S. in village Arakhia is illegal. If the opposite parties grant permission for forming another M.P.C.S. in village Arakhia no doubt the members of the Bajrasuna M.P.C.S. shall be highly prejudiced and the M.P.C.S. will be closed due to want of adequate milk, the complainant as well as the members of the M.P.C.S. suffers great hardship and financial loss.

            The opposite parties have neither appeared nor filed written version, hence set ex-parte on 28.4.2022.

            The issue to be decided in this case is whether in the complainant is a consumer and whether she has paid any consideration. The complainant is a secretary of the multipurpose co-operative society and her 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.

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

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