Order No. 8 Date: 16-08-2016

Record is put up today for order on a petition dated 30-06-2016 filed by OP, Mother Dairy Calcutta, challenging the maintainability of this case.

Perused the petition, heard the Complainant in person and the Ld. Advocate for the OP.

By such petition, the OP challenged the maintainability of this case on the ground that the Complainant is not a consumer as because there is no concept of seller and consumer in between the OP and the Complainant as per statutory provision.  Further ground is that, in terms of the agreement dated 18-07-2011, in case of any dispute in between the parties, it should be referred to the Arbitrator for adjudication under the provisions of Arbitration & Conciliation Act, 1996.  It is stated that Mother Diary Calcutta is a Project of Government of West Bengal under the distinct control of the State of West Bengal and for sorting out the dispute with the Government, the Consumer Protection Act is no remedy.  Also, the OP has taken the ground that the allegations, as made out in the complaint petition, do not fall under the purview of the Consumer Protection Act.

No written objection has been filed on behalf of the Complainant against the petition under consideration.

Ld. Advocate for the OP submitted that the Complainant entered into an agreement with the Mother Diary for commercial purpose and on that score also, the complaint is not maintainable.  In this regard, he referred to a decision of Hon’ble National Commission, in the matter of Shri Lakshmi Narayan Rice Mill vs. The Food Corporation of India, decided on 06-11-1995, wherein it has been observed that purchase of huge quantity of rice for re-sale is not covered under the Consumer Protection Act.  Further, Ld. Advocate submitted that for settlement of accounts, Consumer Protection Act cannot be invoked.  To drive home such point, he referred to a decision of Hon’ble National Commission, reported in (1998) 111 CPJ 9 (NCDRC).

Whatever may be the nature of complaint and the decisions cited by the Ld. Advocate of the OP, it is clear on perusal of the complaint that, the Complainant has sought for monetary relief which he was allegedly deprived of, i.e., deduction of Rs. 1,955/- towards cost of 115 BV coins, another deduction of Rs. 1,652/- towards cost of 14 nos. Milk crates, Rs. 2,447/- deducted as debit balance for milk account and Rs. 972/- as cost of 2 nos. of locks. 

It appears, the milk booth that the Complainant was running, was closed as per the agreement and OP made some adjustments for which Complainant felt aggrieved and filed this complaint.

In our view, grievance of this nature does not come within the ambit of the Consumer Protection Act and the adjustments made by the OP are in terms of the agreement and hence, it can safely be said that the complaint, being filed by the Complainant, is not maintainable and this Forum has no jurisdiction to pass any verdict over the dispute raised by the Complainant in the present complaint.

Hence,

O R D E R E D

that the petition dated 30-06-2016, challenging the maintainability of the complaint case be and the same is considered and allowed.  Accordingly, the complaint case stands disposed of.