Smt Laxmipriya Beura filed a consumer case on 04 Aug 2023 against Mr Tarun Vaishnav in the Cuttak Consumer Court. The case no is CC/232/2022 and the judgment uploaded on 08 Aug 2023.
IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.
C.C.No.232/2022
Smt. Laxmipriya Beura,
W/O: Soubhagya Ranjan Beura,
Residents of Village/PO:Nuapatna,
P.S:Choudwar,Dist:Cuttack. ... Complainant.
Vrs.
Mr. Tarun Vaishnav,
Proprietor of SindhuJa Minerals & Chemicals
Dharam Kanta,Borunda,
Tehsil:Pipar City,Dist:Jodhapur,
Rajastan-342604. ...Opp. Party.
Present: Sri Debasish Nayak,President.
Sri SibanandaMohanty,Member.
Date of filing: 14.11.2022
Date of Order: 04.08.2023
For the complainant: Mr. Chaitanya Nayak,Adv.& Associates.
For the O.P: None.
Sri Debasish Nayak,President.
Case of the complainant as made out from the complaint petition in short is that she owns two Brick manufacturing companies under the name and style as Maruti Fly ash Bricks and Sriram Fly ash Bricks which were managed by her son Ranjan Beura. Raw materials for the said two factories were being purchased from the O.P. In the year 2019, the complainant had closed her business and had cleared all the payments as due to the O.P. But again when she started her said business in the month of March2022, she had placed orders for purchasing the raw materials from the O.P. She was informed by the O.P on 24.3.2022 that the raw materials of 42,000 metric ton were sent through the vehicle bearing Regd. No.RJ-02-GB-8191 vide invoice bill no.404 dated 24.3.2022 relating to e.way bill no.781248643316 dated 25.3.2022 and thus, the O.P thereby demanded the bill amount of Rs.1,32,300/-. The complainant had paid an amount of Rs.63,000/- and again an amount of Rs.1,00,000/- to the O.P through Canara Bank NEFT system at Choudwar Branch on 25.3.2022 and 30.3.2022 respectively. The complainant had thereby sent an excess amount of Rs.30,700/- as advance for purchasing raw materials at a later stage. But no such raw material was actually sent to the complainant or to her factory and when the complainant wanted to know the reason thereof, the phone of the O.P was found to be in a switched off mode. The complainant had sent legal notice to the O.P for the sameon 23.8.2022 and ultimately has come up with her case before this Commission seeking compensation to the tune of Rs.3,00,000/- from the O.P towards her mental agony and harassment and has also prayed for return of her total amount which has been received by the O.P through NEFT of Canara Bank, Choudwar Branch; alongwith interest thereon @ 18% per annum.
2. Having not preferred to contest this case, the O.P has been set exparte vide order dt.5.1.2023.
3. The points for determination in this case are as follows:
i. Whether the case of the complainant is maintainable?
ii. Whether there was any deficiency in service on the part of the O.P?
iii. Whether the complainant is entitled to the reliefs as claimed by her?
Point no.i.
In this case the complainant who claims herself to be a consumer and has mentioned the purpose of purchasing the raw materials in order to use the same for commercial purposes by running her two factories through her son. The complainant can never termed here to be a consumer as per the definition of Consumer U/S-2 of the C.P.Act,2019. When this Commission finds that the complainant in no way be termed to be a consumer here in this case, for which, the case filed by her cannot be said to be maintainable. This issue, thus goes against the complainant.
Issues no.ii& iii.
From the above discussions as made at point no.i, it is needless to examine further in these two points in the present case at hand. Hence, it is so ordered;
ORDER
Case is dismissed exparte against the O.P and as regards to the facts and circumstances of the case without any cost.
Order pronounced in the open court on the 4thday of August,2023 under the seal and signature of this Commission.
Sri Debasish Nayak
President
Sri Sibananda Mohanty
Member.
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