Punjab

Rupnagar

CC/16/8

Gurmukh Singh - Complainant(s)

Versus

Deputy Registrar - Opp.Party(s)

Sh. A.P.S.Bawa, Adv.

19 Feb 2016

ORDER

ORDER

          MRS. NEENA SANDHU, PRESIDENT

                             Sh. Gurmukh Singh has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘the O.Ps.’) praying for issuance of the following directions to them:-

                             i)       To allow him to sell his milk through the O.P.

                                      Society

          ii)      To cooperate with him,

iii)     To pay Rs.1,00,000/-, as compensation, on

          account of damages/ loss suffered by him.

 

2.                In brief, the case of the complainant is that the O.P. No. 2 society has been established for selling of milk, on daily basis, by the farmers/general public of the village and after collection of the milk the same is taken by it to the Milk Plant, Mohali. The price of the milk so sold is given to the person(s) concerned after 10 days. The complainant is also the member of the said society vide account/code No. 67 & 519 respectively and had been selling the milk to it since long. He was earlier the Sarpanch of his village and Sh. Amrik Singh and Jaswinder singh were the Panch. During that period, the aforesaid persons were unauthorized occupants over the Panchayat land, which was got redeemed with his best efforts and the aforesaid persons were dismissed from their respective posts. Now the aforesaid persons, alongwith the other members of the said Society, with the ulterior motive, are not allowing him to sell milk through the society, which is totally illegal & void. It is further stated that his source of earning his livelihood is only by way of selling the milk, but the O.Ps. No. 2 to 6, illegally & arbitrarily, have flatly refused to take milk from him, due to which he is suffering financial loss as well as physical harassment. Accordingly, he had lodged a complaint against them with the O.P. No.1, but to no use. Even legal notice issued by him was not replied, inspite of receipt of the same by the O.Ps.. Hence, this complaint.

 

3.                We have heard the learned counsel for the complainant and gone through the documents produced alongwith the complaint, carefully.

 

4.                 As per Section 2(1) (d) of the Act, “consumer” means any person who,

(i)    buys any goods for a consideration which has been      paid or promised or partly paid and payment and      includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the        approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

 

(ii)     hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such services are availed of with the approval of first mentioned person, but does not include a person who avails of such services for any commercial purposes.

 

Explanation  For the purpose of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purpose of earning his livelihood by means of self-employment..”

 

                   As per the aforesaid provisions of the Act, to become a ‘consumer’ a person is required either to buy any goods or hire/avail any services for consideration, which has been paid or promised or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of first mentioned person. In the present complaint, the complainant has averred that he was selling milk to the Society i.e. O.P. No.2. It is nowhere mentioned in the complaint that he had paid any consideration to the said Society for hiring its services to sell milk to it. Even no document has been produced by the complainant, from which it can be inferred that he had hired/availed the services of the said Society, for consideration, for the said purpose. Therefore, he does not fall within the purview of the definition of a “consumer” under the Act. Consequently, we dispose of the instant complaint, being not maintainable before this Forum, however, with no order as to costs.  The complainant may approach the appropriate authority/court for redressal of his grievance, if, he is so advised.

 

5.                A certified copy of this order be supplied to the complainant, forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to the Record Room.

 

ANNOUNCED                                           (NEENA SANDHU)

Dated: 19.02.2016                                                PRESIDENT

 

 

                                                (SHAVINDER KAUR)

                                                                     MEMBER.