ORDER NO. 7 DT. 02.08.12
MR. S.COARI, LD. MEMBER
MA-148/2012
The record is placed today for passing necessary orders in respect of Misc. Application No. MA-148/2012 wherein the OP has challenged the maintainability of the consumer complaint.
The main contention of the Misc. Applicant, in brief, is that the complainant having claimed outstanding dues in respect of the purchases (Sarees) made by the OP from the complainant, which amounted to a huge some of money and in spite of repeated requests and demands the OP having neglected and failed to make such payments, which, according to the complainant, tantamounts to deficiency in service, the present petition of complaint has been filed. According to the Misc. Applicant, such transaction, as mentioned above, does not come under the purview of the Consumer Protection Act and as such, the complainant cannot be termed as a Consumer as per provisions of the Consumer Protection Act and on this ground the petition of complaint is not maintainable and liable to be dismissed.
At the time of hearing the Ld. Advocate for the Misc. Applicant has submitted before us that from the petition of complaint and also from the materials on record it has become evident that parties are in business transaction for several years and the complainant has come forward with an allegation that the OP has made a huge purchase of sarees, but has not paid a substantial amount dues and even on repeated requests and demands has neglected and refused to pay the sum and hence, the petition of complaint has been filed. The very nature of the allegation and the business transactions, which took place between the parties, clearly indicate that the dispute does not come under the purview of the Consumer Protection Act and the complainant cannot be designated to be a Consumer as per provisions of the Consumer Protection Act and the petition of complaint is not maintainable and liable to be dismissed. The Ld. Advocate for the complainant/OP while countering such submissions has urged before us that this is a premature stage to consider the maintainability of the petition of complaint and during the course of the trial the complainant will substantiate her standpoint as a Consumer and the transactions took place between the parties can very well be designated to be the transactions well within the purview of the Consumer Protection Act and on this score, the Misc. Application should be dismissed.
We have duly considered the submissions so put forward on behalf of both sides and have also gone through the materials on record including the petition of complaint and find that there is much substance in the submissions so put forward on behalf of the Misc. Applicant, inasmuch as, admittedly the complainant has alleged in the petition of complaint that for several years together the Misc. Applicant/OP made huge amount of purchases from the complainant in respect of different valuable sarees, but has not paid the entire amount of the sale prices thereof, due to which huge amount of money is still due to the complainant and the Misc. Applicant/OP having refused to make such payments has compelled the complainant to institute the Consumer Complaint for proper redressal. If that be the position, we find much substance in the submissions so put forward on behalf of the Misc. Applicant to the effect that under no circumstances, the transactions so entered into between the parties, as claimed by the complainant, should come under the purview of the Consumer Protection Act and that the complainant can never be designated as a Consumer as per Section 2(d) of the Consumer Protection Act. Having considered the present Misc. Application in the light of above discussions we find much merit in the present Misc. Application and the same should be allowed.
Hence, it is ORDERED that the Misc. Application No. MA-148/2012 stands allowed on contest but without any order as to cost. The petition of complaint being CC/126/2011 is not maintainable and the same stands dismissed.
