ORDER ON I.A. - II

On 15.04.2015, O.P. No.2 filed an application under section 13 (3B) of C.P.Act R/w order VII Rule 11 of C.P.C stating that the reasons stated in the annexed affidavit prays for dismiss the complaint for non-prosecution and for want of jurisdiction and also prays for exemplary cost.

The contents of the affidavit of the O.P.No.2 are the complainant has not purchased the said goods and she is a stranger to the complaint and also she remained absent for so many times and she has not submitted any documents and there is no relationship between the seller and buyer and the complainant is not a consumer at all and further he states that there is no defect in the goods purchased and there is no deficiency of service by the O.P.No.1 and his associate and the liability of the O.P.No.2 ends immediately on delivery of goods i.e. Refrigerator.  Hence, the complainant is not entitled to claim the reliefs as prayed for in the complaint.  Further O.P.No.2 prays to dismiss the complaint with compensatory case.

The complainant has not submitted any objections to the said I.A.  Heard the arguments of O.P.No.2 and posted for orders.

On perusal of the documents submitted by the complainant and upon hearing the O.P.No.2, the points for our consideration arise are:-

1. Whether the O.P.No.2 is entitle for reliefs as claimed in I.A. – II.
2. What Order?

Our findings on the above points are as follows:-

1. Point No.1 – Affirmative.
2. Point No.2 – As per final order.

REASONS

Point No.1:- On perusal of the documents submitted by the complainant, it is clear that the complainant is not a consumer as the receipt submitted by the complainant does not stands in her name.  The notice given by the complainant, to the customer complaint also does not bear the name of the complainant and date also.

       Since from many adjournments, the complainant remained absent and neither she produced the original documents, nor she appeared before the Forum to substantiate her case.  The complainant failed to prove the relationship of buyer and seller and she utterly failed to prove that she comes under the definition of “CONSUMER”.  Hence, Point No.1 is answered in Affirmative.

Point No.2:- As per the reasons stated Supra at Point No.1, we proceed to pass the following order:

ORDER

       I.A.-II is allowed and it is decided that the complaint filed by the complainant against O.P.Nos.1 and 2 is dismissed with compensatory cost of `2,000/-. 

      The complainant is directed to deposit the same within one month from the date of this order.  Failing which the O.P.Nos.1 and 2 is at liberty to recover the said amount with interest at the rate of 10% p.a. from the date of this order, as per the law provides.

      Give copy of this order to both parties as per rules.