COMPLAINT FILED ON: 05/04/2023

DISPOSED ON: 25/04/2023

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:34/2023

DATED: 25^th April 2023

PRESENT: Kum. H.N. MEENA, B.A., LL.B., PRESIDENT

                  Smt. B.H. YASHODA, B.A., LL.B., LADY MEMBER                       

                  Sri. H.JANARDHAN, B.A.L., LL.B., MEMBER

:ORDERS ON MAINTAINABILITY OF COMPLAINT:

Kum. H.N. MEENA, B.A., LL.B., PRESIDENT

Complainant has filed this compliant under section 35 of the Consumer Protection Act, 2019 against opponents and prays before this commission to pass orders by direction to OP No.3 to 5 for furnish the correct address of opponent No.1 and 2 if failed to furnish the correct address of OP No.1 and 2 then the OP No.3 to 5 are liable to the compensation of Rs.4,90,000/- to this complaint and such other reliefs as deemed fit by this Hon’ble Commission.

2. Brief facts of the complaint:

       The complainant submits that, The Complainant regularly paying fee to Labour Department. And he obtaining lot of benefits from the Labor Department.  On 26/08/2020 the Labour Department passed an order the entire world is facing pandemic Decease Covid on this ground today's onwards the Department should not collect the fee from the new member and renewal members, because the labors are not getting any income in the Covid time.  Hence Government decided to help the unsecured labors. In this regard the Government taken one more steps for labour health for that the Government provide Immunity booster kit through The Karnataka State Building and other construction workers welfare Board.  The Labour commissioner Bangalore and Joint Labour Commissioner Gulbarg are obtained expert senior doctor’s opinion as per guideline of doctors called tender in that tender Managing Director Astra health care Manufacture MALP Chigalur (P) Thrisur 680321 this company selected to provide the Immunity Booster kit.  The Labour department i.e., the Karnataka State Building and other Construction workers welfare Board issued a Big (Tender) order of Rs 9,75,60,000/-(Rs. Nine Core Seventy five lakh Sixty thousand) Astra health care Manufacture MALP Chigalur (P) Thrisur 680321,  The company supply the 90,000/-kits (Ninety thousand kits) product to 8 district with the help of joint labour commissioner Kalburgi.  Joint Commissioner distributed to District Labour Department.  The District Labour Inspectors are distributed the product to the registered labors a very Good work is done by the, The Karnataka State Building and other Construction workers welfare Board. In this regard the Company The Astra health care manufacture MALP Chigalur (P) Thrisur 680321 is the Head office its branch office is Branch Manager Astra Health care Pvt Ltd H.no 1/106 3^rd Main S.R. Compound Arekere MIC Lay out Bangalore.  Pin 560078.  These companies are supply the Immunity Booster Kit, one Huminity Booster kit contain 5 boxes one box is Baidyanth chyawanprash, second box is Kwath Churanam, third box is Haridra Khandam, fourth box contain Brahmi Granules, fifth box contain Anu Thailm, the Poor Labors are happily received the Immunity Booster kits.

        3. The complainant further submits that, the labors are started to use the Immunity booster kit the Second box contain in the 1^st layer some Ayurveda products like roots pieces the labors are used as per guidelines of labour Inspector Chitradurga, the Complainant consumed this product on 24/10/2021 in morning after consuming this product the complainant feeling vomiting and lose motion and stomach pain immediately he admitted in Chitradurga Government Hospital.  The Doctor examined and opinion that it's some food passion problems, the complainant suffered lot.  The complainant stop the 2^nd box products and he checked the entire box in the bottom of the box containing waste materials and waste garbage's.  Totally this box is not a healthy products all products are duplicate products the box contain waste materials and waste garbage the labors shocked and Immunity booster consumed Labors admitted to the Chitradurga district Government Hospital, it is all happened for defective goods hence the company is responsible.

        4. In this regard the Labors are contact the District Labour Inspector and give the oral complaint but the District Labour Inspector not respond properly.  Hence the Labours are contact the Labour Union i.e., Karnataka State Building And other construction Workers welfare Association Reg. Chitradurga, the suffering Labours seven members are met with counsel and issue legal notice to companies on 04/01/2022 both notice are returned, the head office notice returned as no such address and branch office notice returned as insufficient address.  The council send the notice to company on the based product label hence my council resend the notice to branch office once again that notice also returned as no such address in that area.  In that situation my council sends the legal notice to Labour office to furnish correct address but the Labour department failed to furnish the correct address.

        5. The complainant further submits  that, the Hon'ble Court kindly observe the true facts the Karnataka state building and other construction workers welfare board was paid the entire tender amount paid in 2 installment the 1^st installment paid on 07/09/2021 of Rs.4,83,59,090/- through the H.D.F.C Bank Manikonda Branch, Account Number 50200016678728 IFSC 0003611 Hyderabad.  The 2^nd installment paid though on line payment to the Astra health care manufacture MALP. The Karnataka state building and other construction workers welfare board paid the entire tender amount to company but here the Hon'ble court kindly observe the Astra health care manufacture MALP Chigalur (P) Thrisur 680321 is the head office its branch office is Branch manager Astra health care Pvt. Ltd., H.no 1/106 3^rd Main S.R Compound Arekere MICO Layout Bangalore-560078 in both places the company is not in existence, but without addressed company obtained entire tender amount from.  The Karnataka state Building and other construction workers welfare board, how the company is cheating to the Karnataka state building and other construction workers welfare board, in this regard the compliant and the Karnataka state building and other construction workers welfare Association Reg.   Chitradurga are brought the notice to the Karnataka state building and other construction workers welfare board, but the Karnataka state Building and other construction workers welfare board are very negligently acted in this matter.

        6. In this regard the complaint and Karnataka state Building and other construction workers welfare association Reg.  Chitradurga  send the Right to information application on 23/01/2022 to opponent 1 to 3 in for this letter the OP No.1 furnish the same old address, the OP No. 2 not replied and OP No.3 replied i.e., he doesn't have any address of OP No.4 & 5 because the tender process carried by the head office.  The OP No.1 send same old address on 25/02/2022 for that complainant send another letter to OP no 1 to 2 on 19.03.2022, clarifying furnishing address is same old address the OP no 1 is not replied OP No.2 replied on 06/04/2022 in that letter the OP No.2 express he is not correspondence with the OP No.4 & 5.  The complainant and Karnataka State building and other construction workers welfare association Registered  Chitradurga are made lot of efforts to secure the address of OP No.4 & 5 but all the efforts are went in vain.

        7. The complainant further submits that,  The Hon'ble commission kindly observe the conduct of the OP No. 1 to 3, if they have a clean hand they are not afraid to furnish the address of OP No. 1 and 2 the OP No. 3 to 5 are intentionally suppressing the address.  The Hon'ble commission kindly observe the company one head office address is kerala, Branch office is Bangalore, and payment is made to Hyderabad.  All these circumstances are create this situation the complainant filed this complaint.

8. Ongoing through the complaint, it is necessary for us to observe the point regarding the aspect that whether the complainant is a consumer with in the definition of Section 2 (7) of the consumer protection act, 2019 and whether there was any deficiency in service on the part of opponents. On perusal of the facts of the complaint which clearly discloses that complainant is not a consumer. As such being the reason, complainant is not coming under definition of consumer Protection Act, 2019.  The following definition of consumer and service can be found in the Consumer Protection Act, 2019.

As per section 2 (7) of consumer Protection Act, 2019 ‘Consumer means any person…..

i) buy any goods 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 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 service 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 service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such service are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose…

9. In view of the above analysis, the complaint filed by the complainant is not covered by the Consumer Protection Act, 2019. Hence, the complaint is not maintainable before this commission and accordingly, we proceed to pass the following.

                                -:ORDER:-

The complaint filed by the complainant is not maintainable before this Commission for adjudication on maintainability and hence the same is hereby rejected.

(Dictated to the stenographer, and typed in the Computer and   transcribed by him, verified   

and then pronounced in the Open commission by us on 25^th day April of 2023).

            Sd/-                               Sd/-                      Sd/-                

LADY MEMBER            MEMBER            PRESIDENT

GM*