Per Shri Dhanraj Khamatkar, Hon’ble Member
This appeal takes an exception to an order dated 20/09/2004 passed by District Consumer Disputes Redressal Forum, Nashik in consumer complaint No.47/2003.
2. The facts leading to this appeal can be summerised as under :-
The complainant/appellant had deposited an amount of `5,115/- for purchase of seeds. However, as the seeds were not available, it was promised by opponent that whenever seeds will be available, they will give delivery of the seeds. However, opponent had not supplied the seeds. Hence, complainant/appellant had filed consumer complaint praying refund of amount he paid along with interest @ 18% p.a., `5 Lakhs for mental torture and `1,000/- as costs.
3. Opponent had contested the complaint stating that the complainant is not a consumer and the complaint is not a consumer dispute. The opponent has contended that the amount paid by the complainant/appellant is not for purchase of seeds, but to prove that the complainant/appellant is a member of Co-operative Society and prayed for dismissal of complaint. The District Consumer Disputes Redressal Forum during proceeding observed that on receipt produced by the complainant/appellant, it is seen that receipt is for seeds and the date of receipt is 10/07/2001 and observed that complainant/appellant will not wait for seeds for a period of one year. Normally, seeds are purchased as per season of the crop and observed that no person intending to purchase seeds wait for a year and observed that the complainant/appellant is not a consumer and dismissed the complaint. It is against this order that the present appeal is filed.
4. Admittedly, the appellant/complainant had purchased seeds and the date of purchase is 10/07/2001. When the appellant/complainant purchased the seeds how he has waited for a period of one year for supply of the same. No where in the complaint he has stated that why he waited for a period of one year. Had he genuinely paid the amount for purchase of seeds he would not have waited. District Consumer Disputes Redressal Forum after taking into consideration the facts and circumstances has passed the order. We find that the order passed by the District Consumer Disputes Redressal Forum is just and proper and the appeal is devoid of any substance. We hold accordingly and pass the following order :-
-: ORDER :-
1. Appeal is dismissed.
2. The order of the District Consumer Disputes Redressal Forum is hereby confirmed.
3. Copies of the order be furnished to the parties.
Pronounced
Dated 11th October 2011.
