Haryana

Bhiwani

CC/128/2017

Virender - Complainant(s)

Versus

Milk Plant - Opp.Party(s)

M.C Sangwan

30 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

  CONSUMER COMPLAINT NO.      128 of 2017

                                DATE OF INSTITUTION:                28.09.2017

                                          DATE OF ORDER:                          30.09.2024                           

 

Virender son of Shri Mahender Singh R/o near College Road, Charkhi Dadri, Tehsil and District Charkhi Dadri.

 

          ……Complainant.

 

Versus

 

1. The Chief Executive Officer, The Rohtak Coop. Milk Producers Union Limited, Milk Plant Rohtak.

 

2. The Manager, Vita Milk Plant, Bhiwani Hansi Road, Bhiwani.

 

….. Opposite Parties.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member

Ms. Shashi Kiran Panwar, Member

 

Present:-        Sh. Mehar Chand Sangwan, Advocate for complainant.

                    Sh. Roshan Lal Singhmar, Advocate for OPs.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member:

 

1.                 Brief facts of this case are that complainant is a booth-holder of the Vita Milk by depositing Rs.30,000/- as security and completing other formalities. It is submitted that Vita products viz. milk, curd, lassi, cream etc. was to be supplied daily in time by the OP No.1.  On 13.08.2016, supply of all the booth-holders at Dadri was stopped without any notice and information. So, complainant moved an application to OP No.1 but of no avail. Then complainant approached OPs and they asked that some another supplier will be engaged and supply would remain stopped till 18.10.2016. Complainant has submitted that by such act of OPs, he has suffered loss of Rs.5000/- per day as expenses of servant, electricity charges, rent etc. and thus in total complainant has suffered loss of Rs.4.00 lacs. Hence, the present complaint has been filed to issue directions against the OPs to pay Rs.4.00 lacs alongwith interest @ 24% per annum from the date of its accrual till realization. Besides, Rs.50,000/- as compensation for harassment and Rs.11,000/- towards litigation expenses. Any other relief, to which this Commission deems fit has also been sought.

2.                 Upon notice, OPs appeared and filed written statement raising preliminary objections qua cause of action, territorial jurisdiction, locus standi, maintainability of complaint, non-compliance of provisions of section 13(1) C of the C.P. Act and suppression of material facts. On merits, it is submitted that Vita Milk Booth site on contract basis was allotted to the complainant on 25.11.2014 with certain terms and conditions. It is specifically described in condition no.3 that “All Vita Milk and milk products will be issued to you against payment only at our issue rate fixed from time to time through our distributor of your area.  In case, no Vita distributor is available in the area concerned, you will have to lift the Vita Milk and Milk Products at your own from Milk Plant, Rohtak.” It is submitted that supply to the complainant was stopped on his written request. In the end, denied for any deficiency in service and prayed for dismissal of the complaint with costs.

3.                 In evidence, affidavit of complainant Annexure CW1/A alongwith documents Annexure C-1 to Annexure C-12 were filed and closed the evidence on 15.09.2022.

4.                 On the other side, affidavit of Mr. Jaiveer, CEO of OP as Ex. RW1/A alongwith documents Ex. R-1 to Ex. R-8 were tendered and closed the evidence on 04.01.2024.

5.                 We have have heard learned counsel for the parties and gone through the record carefully. Written arguments filed from both the sides.

6.                 Learned counsel for complainant has argued that OPs stopped supply of milk and milk product to the Vita Booth of complainant without any reason or without serving any notice to him which amounts to deficiency in serviced as well unfair trade practice on their part which definitely has caused him mental and physical harassment as well as huge monetary loss.

7.                 On the other side, the contentions of learned counsel for OPs is that the supply was stopped to the complainant on the written request of complainant as well as complainant himself has violated the condition No.3 of the OPs. Thus there is no deficiency in service on their part especially when the security amount has already refunded to the complainant.

8.                 After hearing learned counsels for the parties and going through the record, we have observed that the complainant vide letter (Ex. R-5) intimated the OPs that he has closed the booth due to not of good sale and requested the Ops to refund his security amount. In response thereto, the OP cancelled the booth allotment vide their order (Ex. R-6) and refunded the amount vide payment voucher (Ex. R-7).  With regard to non-supply of milk and milk products to the complainant is not proved on the basis of evidence produced on record. It is specifically mentioned in the allotment letter (Ex. R-1) at condition no.3 that “All Vita Milk and milk products will be issued to you against payment only at our issue rate fixed from time to time through our distributor of your area.  In case, no Vita distributor is available in the area concerned, you will have to lift the Vita Milk and Milk Products at your own from Milk Plant, Rohtak.” From this condition, it is obvious that if there no Vita distributor in the area concerned then the product will have to lift by the complainant from its plant at Rohtak. As such, for the fault of complainant, OPs cannot be held responsible.

 9.                In view of the above, we do not see any unfair trade practice, negligence or deficiency in service on the part of OPs and thus the complaint being devoid of merits is hereby dismissed with no order as to costs. Pending application(s), if any, also stands disposed of. Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance. 

Announced.

Dated: 30.09.2024