M.C.No.350 of 2023
F.A. No. 195 of 2023
Heard learned counsel for the appellants.It appears from the office note that there is no defects pointed out by the office.
2. Learned counsel for the appellants submitted that the impugned order itself speaks about non maintainability of the Consumer complaint before the learned District Commission,Sambalpur. According to him the case is filed by the complainant due to non procurement of the paddy crops by the O.Ps.. He submitted that the complainant alleged interaila that the paddy crops was cultivated by using the private lift irrigationpoint but the paddy was not sold away by the complainant although token was supplied by the OPs to the complainant. He submitted that when there is no sale of paddy, the question of deficiency in service does not arise. Besides the appellants have acted as per the procedure of the Govt.. Therefore, he challenged the impugned order in question by filing the appeal.
3. At the time of admission of appeal, normally, we do not interfere and used to issue noticeto the respondent for appearance. After going through the impugned order, we decided to hear on appeal as exceptional cases to find out if we can interfere at present. Perused the impugned order where at issue no.3 the learned District Commission have framed issue “is there any deficiency in service on the part of the O.Ps.”Learned District Commission has observed in the following manner:-
“xxx xxx xxx
From the supra discussion it is clear that the Ops are deficient in their respective service for which the complainant suffered, harassed and knocked the door of the Commission. After receipt of the notice also the OPs failed to take the responsibility of sale of paddy although the date line is 31st March 2023 as admitted by OP No.1, who is ready to purchase the paddy subject to issuance of token.
Who will bell the Cat? On this principal the complainant was neglected. The Ops are deficient in their respective service assigned in circular No. 9834 dated 04.07.2022 FS & CW Deptt. Govt. of Orissa and violated theorder No. 3623 dated 19.07.2022 of the Collector, Sambalpur.
The issue is answered accordingly.”
4. The above observation clearly shows that there is no any sale of the paddy or availed the service of OPs on payment of consideration. Section-2 sub section(7) of Consumer Protection Act, 2019 is as follows:-
(7) “Consumer” means any person who-
- “xxx xxx xxx
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 availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.
Explanation:- For the purpose of this clause –
- The expression “commercial purpose” does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;
- The expressions “buys any goods” and “hires or avails any services” includes offline or online transactions through electronic means or by teleshopping or direct selling or multilevel marketing;”
5. The very presence of words in the aforesaid provisions make it clear that complainant in order to become a ‘consumer’ has to prove ingredients of aforesaid provisions. The main object is to pay the consideration for goods or the services availed. Since the complainant has not proved the ingredients of purchase of goods or availing service for consideration as per direction in impugned order the complaint is not maintainable. Therefore, without issuing notice to the respondents, we hereby set aside the impugned order by allowing the appeal. It is further advised to the learned District Commission to exercise the jurisdiction as per provision of the Act but not to exercise the jurisdiction as to constitutional court in public interest litigation.
6. Appeal is disposed of accordingly. No cost.
Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.
