Chandigarh

DF-I

CC/155/2022

Bhupinder Rana - Complainant(s)

Versus

M/s K.C. Food Products Pvt. Ltd. - Opp.Party(s)

In Person

13 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/155/2022
Date of Institution	:	28/01/2022
Date of Decision	:	13/02/2023

 

Bhupinder Rana S/o Sh. Dharamvir Singh, Proprietor of M/s Rana Enterprises, Hb. No.13, Near Ravi Dass Mandir, Backside of Govt. School, Maloya Colony, Maloya, U.T., Chandigarh.

… Complainant

V E R S U S

M/s K.C.Food Products Pvt. Ltd., Lane No.4, Sidoc Complex, Bari Brahamana, Samba-(J & K)-181133 through its Managing Director.

… Opposite Party

CORAM :	SURJEET KAUR	PRESIDING MEMBER
	BM SHARMA	MEMBER

 

                                                

ARGUED BY	:	None for Complainant.
	:	OP ex-parte.

 

Per Surjeet kaur, Presiding Member

1.      Briefly stated allegations are, on the assurances and commitments made by the OP the complainant had booked the material for an amount of Rs.2,26,438/- + Rs.1,10,341/- alongwith GST dated 11.09.2021 from the OP. Photocopy of description of material issued by the OP is annexed as Annexure C-3. It is also submitted that the sales executives of the OP had assured in writing to the complainant that they will be held responsible for the damaged product and it will be returned back by them immediately (Annexure C-2). As per complainant, in the middle November, 2021 the complainant had to face problem from the side of OP No.1 as well as their sales executive. The OP No.1 stopped to their function and when the complainant brought this fact to the knowledge of the Sales Executives as well as the Managing Director of company they only stated that they will bring back the booked material with them. They also told the complainant to give detail of complainant account as well as also about the stocked material. The complainant performed his duty and also narrated the detail of the stocked material alongwith his account to the OP No.1 on 16.11.2021. It is further submitted that the OP No.1 and sales executive has totally failed to perform their duties towards the complainant and even the stocked material has not been taken back by them. The complainant has also sent various reminders through email and also through his telephonic calls to the OP No.1, but till date no fruitful result came out from the side of the OP No.1. The complainant has suffered huge financial loss, hence this present complaint.   
2.     Notice of the complaint was sent to OP seeking its version of the case. However, nobody appeared on behalf of OP despite following proper procedure, therefore it was proceeded ex-parte on 02.09.2022.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have perused the record of the case.
5.     The case of the complainant is that he has invested amount of Rs.2,26,438/- and Rs.1,10,341/-vide Annexure C-2 with the OP for the purpose of becoming superstockist of OP-Company. As per case of the complainant dealing in question was continued till October, 2021 smoothly, but in the middle of November, 2021 the complainant had to face problem from the OP No.1 as well as their sales executives. It has been alleged that OP No.1 stopped functioning and even did not take back the booked material with them which is still lying in the business premises of the complainant and he is suffering huge business loss.
6.     Evidently, as per the case of the complainant he is superstockist of the company and as per Annexure C-1, the transaction is commercial in nature, hence is beyond purview of the Consumer Commission.

 

7.     In view of the aforesaid discussion and the reasons recorded hereinbefore, we do not find any deficiency in service or unfair trade practice on the part of the OP. Accordingly, the consumer complaint, being meritless, stands disposed off with liberty to the complainant to agitate the issue mentioned above before a Court of competent jurisdiction/ appropriate Forum.
8.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
13/02/2023			[Surjeet Kaur]
Ls			Presiding Member
			Sd/-
			BM Sharma
			Member