Order-20.
Date-13/08/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that complainant carrying on business in the name and style of M/s. Mohan Bakers Pvt. Ltd. and Vinod Agarwal is one of the Director of the said company and it is their case that on the first part of July, 2014 OP2 came to the office of the complainant and requested him to purchase the Air Tickets from OP2 against the price of the said air tickets and in fact OP1 is a company and one Mukesh Jain is the director of the said OP1 and OP2 is the employee of the OP1. Being satisfied with the document of the OP1 complainant used to purchase air ticket from the OP2 and OP2 used to send tickets through e-mail id i.e. and after confirmation by the director the amount of the said air tickets were paid by the complainant to the men and agent of the OP2 who used to put their signatures in the cash vouchers of the complainant and payment was also paid by money transferring to the account of the OP2 being account No.028710100009293 maintained with Andhra Bank, Main Branch, Kolkata.
OP2 always received the payment on date before the timing of the flight and it is further mentioned that the value of the air tickets was Rs.3,57,442/- and further on or about middle part of November, 2014, the OP1 through his director over telephone asked the complainant to pay the entire money of Rs.3,57,442/- to the OP immediately without showing any reasons. Several phone calls were done by the OP1 through its director to the several employees, staffs, advisors of the complainant company who enjoyed the flight of the said air tickets and illegally demanded money from them for the said air tickets with some ulterior motive which is best known to the OPs which has already paid by the complainant to the OP through its accounts department and this situation creates a bad reputation of the complainant in the market.
After knowing the same over telephone, the complainant’s director asked the OP1’s director and their men and agents to meet with him but they avoided to meet with him and sent an email dated 22-11-2014, 18-12-2014 and 19-12-2014 and demanded money from the complainant. Lastly on the month of November, 2014 the director of the complainant visited the office of the OP1 and met the director of the OP1 and came to know that there is some dispute in between the OP1 and OP2 and as such there was some problem in the office of the OP1 which is nothing but internal matter of the OPs and the director of the complainant requested the OP1’s director not to disturb to its employees and staffs and advisors any further.
Thereafter, knowing fully well, the OPs created problems to the complainant and further illegally demanded money from them for the said Air Tickets with some ulterior motive and ultimately complainant raised protest and also asked them not to disturb but they did not care for which complainant appeared before this forum with a prayer for directing the OPs not to demand any further money or to disturb the complainant in such a manner and for compensation.
On the other hand OP1 by filing written statement submitted that the complaint is not maintainable and vexatious in nature and, moreover, there is no allegation, negligence and deficiency in service on the part of the OP and complainant is a private limited company. Tickets were purchased for the purpose of their employees and the staff of their business and the allegation as made by the complainant is completely false. Fact remains tickets were booked through phone etc and payment is made by the OP1 from their cash and there is no general relationship between the complainant and the OP for long period of service to the complainant. Complainant purchased tickets on payment of the money from their account and subsequently complainant paid it but in the present situation after booking such ticket which was purchased for the complainant on payment of their own account handed over to the complainant but complainant did not pay it but in fact entire amount has been paid by the OP from their account and complainant filed this case with some illegal demand and moreover it is completely a monetary transaction dispute for which the present complaint is not maintainable and entire compliant is fabricated for which the present complaint should be dismissed with costs.
Decision with Reasons
On comparative study of the complaint and the written version it is found that the complainant is a private company and truth is that the tickets have been purchased by the complainant through OP for their companies benefit, for journey of the employees or the staff of the complainant’s company. Truth is that about journey or enjoyment of the ticket by their staff for flying by the air is not subject matter of this case but it is a case in between the parties in respect of dispute of payment against the purchase of the ticket through agent or etc. At the same time it is a fact that not a single ticket has been cancelled by the OP as yet then under any circumstances, complainant cannot claim that there is any deficiency or negligence on the part of the OP. Dispute is raised in respect of payment against the issuance of air tickets by the agents of OP1 and OP2 etc. Then it is clear that no doubt it is a dispute related to money matters but not a dispute related to ‘service’ or any ‘defects of goods’.
Admitted position is that complainant is running a commercial business and the tickets were purchased for commercial purpose and all those tickets were purchased by the employees or officers of the said company then purchase was made for commercial purpose. At the same time in the present case complainant is a private limited company and he purchased goods i.e. air-tickets for using its commercial purpose that is for its business and not a single ticket was purchased by the complainant for his family member’s journey but all the tickets were purchased for their employees related to business transaction. So, no doubt the entire purchase was made for commercial purpose and at the same time complainant is a private limited company and there is no such whisper that the purchase was made for domestic purpose and their business which has been run by the complainant is only for their livelihood as unemployed person and in fact, as per definition of Section 2(1)(d)(ii) of the C.P. Act consume of goods for commercial purpose is specifically excluded from the purview of the Act u/s.2(1)(d)(i) of the C.P. Act.
Considering all the above facts and legal proposition and the status of the complainant including the nature of the purchase of the air tickets we are convinced that complainant is not a consumer under the OP. at the same time complainant as a private limited company has appeared before Forum praying for directing the OP not to disturb the complainant by any means and to direct the OP not to claim any money. This nature of prayer is called declaration and injunction but as per C.P. Act the Forum cannot pass any order in respect of any prayer of Civil Court and this Forum has no power to do that. So, considering the relief as claimed it is clear that the case ought to have been filed by the complainant for getting such order restraining the OP from the Civil Court to get relief but present dispute is not a consumer dispute for which complainant is not a consumer and his purchase of air ticket is for commercial purpose and at the same time his air tickets is no doubt a consumer goods, this consumer goods is commercial in nature for which the present complaint is not maintainable in the eye of law. At the same time the entire dispute is related to money matters that is claim of the complainant that he has paid the entire air ticket price whereas the agents of the OP claim that the entire money has not been paid for which the demand for paying the balance amount. So, it is nothing but a monetary dispute between the two companies for which both the companies may proceed before Civil Court. In the eye of law they are not the service provider or consumer.
On proper evaluation of the materials and including the position of law we have gathered that with some ill motives this complaint is filed by the private company to get relief and that has become a practice of private companies when in this case complainant himself admitted everything that he purchased tickets for their business that is for their staff and officers related to the business and the complainant is a private limited company. So, considering that fact we find that the entire complaint in the eye of law is not tenable and maintainable and there is no scope on the part of the Forum to decide such dispute when that dispute does not come under the purview of the C.P. Act and it is proved that the complainant is not a consumer and goods are commercial goods.
In the result, the complaint fails
Hence,
Ordered
That the case be and the same is dismissed on contest with a penal cost of Rs.10,000/- against the OPs.
Complainant is directed to deposit this amount to this Forum within one month from the date of this order failing which for non-compliance of the Forum’s order penal interest at the rate of9 percent p.a. shall be assessed over the same till full satisfaction of the decree and even if it is found that he is reluctant to comply that order in that case penal action shall be started for realization of the same.
