Order dictated by:
Sh.S.S. Panesar, President
1. Sh.Kulwant Singh has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that he purchased one Sofa Set from Opposite Party vide bill dated 11.11.2009 for a sum of Rs.32,000/- with a guarantee for three years provided/ agreed by the Opposite Party. Thus, the complainant is consumer under the definition of Consumer Protection Act and is fully authorized to file the present complaint against the Opposite Party. The Sofa Set of the complainant became defective and this fact has been brought to the notice of the Opposite Party and the complainant made request to the Opposite Party to replace the same or refund the costs of the sofa set, but the Opposite Party refused to replace/ repair or refund the cost of the sofa set. Due to the non replacement of sofa set/ non repair or non refund of the costs of the sofa set, the complainant suffered mental tension at the hands of the Opposite Party. Vide instant complaint, the complainant has sought the following reliefs.
a) Opposite Party be directed to replace the sofa set with new one/ or repair the same in proper condition or in alternative refund the costs of the sofa set for Rs.32,000/- alongwith interest @ 24% per annum thereon.
b) Compensation of Rs.50,000/- be also granted to the complainant.
c) Cost of the complaint be also granted to the complainant.
d) Any other relief in the alternative which this Forum may deem fit and just be also granted to the complainant.
Hence, this complaint.
2. Upon notice, Opposite Party appeared and contested the complaint by filing written statement taking preliminary objections therein inter alia that the present complaint is not legally maintainable and the same is liable to be dismissed because the complainant is not a consumer qua the Opposite Party, as such does not fall within the purview of section 2(i)(d) of the Consumer Protection Act; that the present complaint is devoid of truth and the complainant has suppressed the material facts from the Forum that he only took the quotations for the purchase of one Sofa set. But in fact, the complainant has not purchased any sofa set from the Opposite Party and has filed a false and frivolous complaint against the Opposite Party in order to harass and humiliate and to extract money from the Opposite Party; that the complainant has no locus standi to file the instant complaint nor any cause of action has ever arisen against the Opposite Party for filing the instant complaint. On merits, it is denied that the complainant purchased one sofa set from the Opposite Party vide bill dated 11.11.2009 for a sum of Rs.32,000/- with guarantee of three years provided/ agreed by the Opposite Party. The true facts are that complainant approached the Opposite Party for purchase of sofa set and only took the quotations from the Opposite Party and on the quotation dated 11.11.2009 the Opposite Party mentioned that the price of the sofa set to be purchased by the complainant which he has not purchased will be Rs.32,000/- and if he will purchase the same, the Opposite Party will provide guarantee of 10 years for any manufacturing defect. The copy of the alleged bill produced by the complainant is only quotation and this fact is clearly mentioned on the top of letter pad as ‘quotation’ and not bill. In fact, after taking the quotations from the Opposite Party, the complainant did not purchase any sofa set from the Opposite Party and as such, the question of making payment of Rs.32,000/- to Opposite Party does not arise at all. It is denied that the complainant is a consumer as defined in the Act. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.
3. In his bid to prove the case, complainant tendered into evidence affidavit Ex.C-1 in support of the allegations made in the complaint and also produced copies of documents Ex.C2 to Ex.C5 and closed his evidence.
4. On the other hand, to rebut the evidence of the complainant, the Opposite Party tendered into evidence the affidavit of Sh.Sardari Lal Khanna Ex.OP1 alongwith certificate issued by Opposite Party Ex.OP2 and closed the evidence on behalf of the Opposite Party.
5. We have heard the complainant and ld.counsel for the Opposite Party and have carefully gone through the evidence on record.
6. From the appraisal of the evidence on record, it becomes evident that the complainant is not proved to be a ‘consumer’ under the Opposite Party. In his bid to prove his relationship, the complainant has produced on record photo copy of quotation dated 11.11.2009 Ex.C3. A perusal whereof shows that the complainant obtained a quotation regarding the price of sofa set to the tune of Rs.32,000/- from the Opposite Party. The relationship of buyer and seller would have come into existence only if the complainant had purchased the sofa set from the Opposite Party through bill/ invoice. It is the definite defence of the Opposite Party that the complainant did not purchase the sofa set from the Opposite Party regarding which the quotation was issued on the request of the complainant. In such a situation, when the complainant is not found to be a ‘consumer’ under the Opposite Party, no complaint under the Consumer Protection Act is maintainable. In such a situation, the relief claimed by the complainant for replacement of the sofa set or refund of price or repair do not fall within the purview of aforesaid Act. It appears that the present complaint has been filed simply to extract money from the Opposite Party by preferring a false claim. In our considered opinion, the present complaint is not nothing, but an abuse of the process of law and as such, the instant complaint fails and the same is ordered to be dismissed accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
