Haryana

Karnal

CC/379/2023

M/s Doon Valley Trust - Complainant(s)

Versus

M/s Reliance Retail Limited - Opp.Party(s)

R.K.Chawla

13 Jul 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                          Complaint No. 379 of 2023

                                                          Date of instt.12.07.2023

                                                          Date of Decision:13.07.2023

 

M/s Doon Valley Trust, Flat No.128, Ground Floor, Sector-7, Urban Estate, Karnal, through its manager Mrs.Priya Darshani W/o Shri Mohit Kumar.

                                                 …….Complainant.

                                              Versus

 

1.     M/s Reliance Retail Ltd A-1/6, Upper Ground Floor, Second Floor Rajouri Garden Delhi 110027, through its Managing Director.

2.     RRL, CDIT Farrukhnagar DC, Reliance Limited Block-1, Embassy Industrial park, Farrukhnagar-122506 Haryana.

                                                                    …..Opposite Parties.

 

      Complaint U/s 35 of the Consumer Protection Act, 2019

 

Before   Shri Jaswant Singh……President.     

      Shri Vineet Kaushik ………..Member

      Mrs.Rekha Chaudhary……..Member

 

 Present: Shri R.K.Chauhan, counsel for the complainant.

                                        

                (Jaswant Singh President)

ORDER:                    

 

                Complaint presented today. It be checked and registered.

 

                        The complainant has filed the present complaint u/s 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that the complainant purchased a fridge from OP No.2 manufactured by OP No.1 vide bill dated 19.10.2022 for a sum of Rs.50,944/-. From the very beginning the fridge is not working properly and its door is having cracks. The complainant made complaint to the OPs on their toll free number and the OP No.2 assured the complainant to replace the said defective fridge as it was having one year warranty. Despite repeated requests to the OPs, the defective fridge was not replaced, thus, the complainant got served a legal notice on 11.05.2023 upon the OPs but they did not make any reply. Hence, the present complaint.

2.             Arguments on the point of admissibility heard.

3.             The present complaint has been filed by Mrs.Priya Darshani wife of Shri Mohit Kumar, i.e. alleged manager of M/s Doon Valley Trust, Flat No.128, Ground Floor, Sector-7, Urban Estate, Karnal, but there is nothing on file which would show that Mrs.Priya Darshani wife of Shri Mohit Kumar is manger of M/s Doon Valley Trust and this M/s Doon Valley Trust, has authorized her to file the present complaint.

4.             As per Section 2, sub clause (5) the meaning of “complainant” and as per Section 2 sub clause (7) the meaning of “consumer” is as under:-

(5)            Complainant means :-   

i)              a consumer; or

ii)             any voluntary consumer association registered under any law for the time being in force; or

iii)            the Central Government or any State Government; or

iv)            the Central Authority; or

v)             one or more consumers, where there are numerous consumers having the same interest; or

vi)            in case of death of consumer, his legal heir or legal representative; or

vii)           in case of a consumer being a minor, his parent or legal guardian;

(7)            Consumer means any person who:-

                i) buys 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 services are available of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.

5.             Neither the complainant has fulfilled the requirements of Section 2 (5) by not placing on record any registration certificate showing that M/s Doon Valley Trust is a registered society and Mrs.Priya Darshani is a manager of the said firm/society nor fulfilled the requirement of Section 2 (7) as the alleged complainant has not paid any consideration or hires any services from the OPs.  Hence, the alleged manager neither falls under the definition of complainant nor under the definition of consumer.

6.             Hence, in view of the above, at the point of admissibility, the present complaint is devoid of any merits and same deserves to be dismissed and same is hereby dismissed. No order as to costs.  Party concerned be communicated of the order accordingly and file be consigned to the record room.

Announced
Dated: 13.07.2023

  President,       

District Consumer Disputes                          

Redressal Commission, Karnal.

   (Vineet Kaushik)        Rekha Chaudhary

          Member                  Member