District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.110/2023.
Date of Institution: 14.02.2023.
Date of Order: 27.09.2024.
Wasim Electric Works, Naseem Alvi, Shop No. 14, Ground floor, Ballabgarh, Old Capital Bus Stand, Faridabad (East), Haryana – 121004 Contact – 9711864294 Email-alvinaseem072@gmail.com.
…….Complainant……..
Versus
The Authorized Signatory, Gati Kintetsu Express Pvt. Ltd., Ram Enclave, Plot No.111, Narmade Colony, Katol Road, Nagpur-440013.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma………..Member
Indira Bhadana………….Member.
PRESENT: Shri Naseem Alvi, proprietor of complainant firm. Shri Sagar Bhatia, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant booked a parcel whose consignment ID 426396326 through Gati Kintetsu Express
Pvt. Ltd. the opposite party’s concern on 18th October 2022 in which issue related to non-performance. The complainant booked a parcel from Amritsar to Faridabad and the assured delivery date was on 25th October 2022. The complainant had not received the delivery of the parcel on the assured delivery date thereafter the complainant communicated with the opposite party’s concern representative and mentioned the same. The opposite party’s concern representatives had not resolved his issues and behaved inappropriately with the complainant The complainant raised a complaint who’s complaint No. 13677007 at the opposite party’s concern and communicated with the opposite party’s representatives but they had closed the complaint request and had not resolved it. The complainant stated that the complainant had not been getting good response from the opposite party’s end regarding the same given the unjustified, unacceptable and unreasonable delay in providing the same from the opposite party’s end and intentional lack of cooperation from the opposite party concern as a consequence of which, the complainant had suffered severe and grave loss and harassment, in light of the aforementioned intentional act of negligence committed by the opposite party concern, the complainant had requested the opposite party concern several times for providing the said service but unfortunately, the complainant had got “No support” from the opposite party’s side to resolve this issue which was utterly unprofessional from the opposite party’s end being deprived of the facilitated support, the complainant intimated the opposite party’s concern on several occasions in respect of the said service however, but the opposite party concern neglected in order to provide any of the aforementioned support due to the opposite party’s aforementioned malafide act and conduct the complainant got duped the hard-earned money of the complainant which was hindering the complainant in an erroneous way as the complainant had been facing the tremendous notice agony
and due to the same the complainant had not got able to live the life in own accord.The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) look into the this matter with foremost importance to take necessary steps to render the proper service to the complainant
b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complaint was not maintainable as the complainant was not a consumer qua the opposite party. It was submitted that M/s. Sawan Enterprises, 170, Golak Ka Bagh, Amritsar, availed the services of the opposite party by booking the consignment from Amritsar to Ballabgarh, District Faridabad under consignment ID/Docket No. 426396326 dated 18.10.2022. The present complaint was not maintainable as the services of the opposite party was availed for commercial purpose i.e. for business purposes. The complainant firm was engaged in the business of sale of motor, pipe, Jebivak Laboratory Vacuum pump, Aquaflow Borewell Submersible pump, electric motor repair and services etc. The complainant purchased the 2 pieces each of subermisible pump of 12 stage and 14 stage, respectively from M/s. Sawan Enterprises, Amritsar, which was manufacturer of submersible pumps, farattan fans, ceiling fans etc. for its business purpose and earning profits from the same. Thus the complainant did not fall within the purview of definition of consumer as envisaged in Section2(1)(d) of the
consumer Protection act, 1986 as amended upto date. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party– Gati Kintetsu Pvt. Ltd. with the prayer to: a) look into the this matter with foremost importance to take necessary steps to render the proper service to the complainant. b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 11,000 /-as litigation expenses.
To establish his case, the complainant has led in his evidence Ex.PW1/A – affidavit of Naseem Alvi Owner of Wasim Electric Works, Shop NO. 14, Ground floor, Old Capital Bus stand, Ballabgarh, District Faridabad., Ex.C-1 – adhaar card,, Ex.C-2 – Tax invoice, Ex.C-3 – booking receipt, Ex.C-4 – email,, Ex.C-5 – legal notice.
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party vide Ex.RW1/A – affidavit of Girish Chandra Tiwari, Unit Head – Operation, Gati Kintetsu Express Pvt. Ltd., (Now Gati Expess & Supply Chain Pvt. Ltd.) having its Zonal office at Allcargo House, 2nd floor, Plot No.111, Sector-44, Gurugram,,Ex.R-1 – consignment receipt, Ex.R-2 – Tax invoice.
6. In this case, the complainant purchased the 2 pieces each of subermisible pump of 12 stage and 14 stage, respectively from M/s. Sawan Enterprises, Amritsar, which was manufacturer of submersible pumps, farattan fans, ceiling fans etc. for its business purpose and earning profits from the same. M/s. Sawan Enterprises, 170, Golak Ka Bagh, Amritsar, availed the services of the opposite party by booking the consignment from Amritsar to Ballabgarh, District Faridabad under consignment ID/Docket No. 426396326 dated 18.10.2022. Hence, the complainant is a commercial entity and does not come within the definition of consumer as defined in Section 2(1)(d) of the Consumer Protection Act. Resultantly, the complaint is dismissed, being without merits. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 27.09.2024. (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
