Sri Shyamal Gupta, Member

This Appeal is directed against the Order dated 18-02-2016 passed by the Ld. District Forum, Howrah in C.C. No. 191/2014.

Brief facts of the complaint case are that it entered into a franchise agreement with the OP on 02-10-2012 for facilitating sale/distribution of the latter’s products.  However, on 06-11-2013, by issuing a notice arbitrarily the OP cancelled/terminated the said agreement.  The Complainant tried in vain to persuade the OP to revoke such unjustified/arbitrary decision.  Hence, the complaint.

OP challenged the maintainability of the complaint by filing a petition contending inter alia that the dispute does not fall within the ambit of ‘consumer dispute’ and as such, the complaint should be dismissed.

Decision with reasons

Heard the Ld. Advocates of the parties on the issue; also, perused the documents on record carefully.

Admittedly, the Appellant entered into a franchise agreement with the Respondent by executing an agreement in this regard on 02-10-2012.  It is not in dispute that the in terms of the said agreement, the Appellant was required to sell the products of the Respondent.  The nature of said agreement makes no bones of the fact that in this case, the Respondent hired the services of the Appellant for distribution of its products. Differently put, by virtue of said agreement, the Appellant agreed to render its service to the Respondent to facilitate selling/distribution of the products of the latter.

There can be no manner of doubt, therefore, that it is Respondent, who hired the service of the Appellant and not the other way round.  In such circumstances, while the Appellant did not hire the service of the Respondent, the Appellant cannot be treated as a ‘consumer’ under the Consumer Protection Act, 1986.

In such circumstances, the Ld. District Forum was fully justified dismissing the complaint due to non-maintainability of the same.  That being the position, our intervention with the said order in any manner whatsoever is totally uncalled for.

The Appeal, accordingly, fails.

Hence,

O R D E R E D

That the Appeal stands dismissed on contest being devoid of any merit.   The impugned order is hereby affirmed.