Date of Filing: 08.05.2023 Date of Disposal: 19.05.2023
Complainant : Ananta Rakshit C/o- Bidhubhusan Rakshit, resident of Vill –Mahartuba, P.O.+ P.S. Mongalkot, Dist. Purba Bardhaman, 713147.
-VERSUS -
Opposite Party : 1. Nurture Farm, represented by its Director, having its office at Uniphase, C.D. Marg, 11th Road,m Khar (West) Mumbai, Maharashtra, Pin 4000052.
: 2. Rupifi Technology Solution Pvt. Ltd. represented by its Director, having its office N-38 basement, Panchshul Park, New Delhi, Pin-110017.
3. Hazra Fertilizer, represented by its Proprietor/Partners/Manager, having its office at Betas, Amta, Howrah, Pin-711401.
Present : Mohammad Muizzuddeen -Hon’ble President.
: Mrs. Lipika Ghosh - Hon’ble Member.
: Mr. Atanu Kr. Dutta. - Hon’ble Member.
Appeared for the Complainant : Suvro Chakraborty, Ld. Advocate
Appeared for the Opposite Party : None.
Order Date: 19.05.2023
Today is fixed for admission hearing.
Ld. Advocate for the complainant is present.
The record is taken-up for admission hearing. Heard the Ld. Advocate for the complainant in full.
The record is taken-up for passing order.
The complainant has filed this case against the O.Ps-Nurture Farm, Rupifi Technology Solution Pvt. Ltd. and Hazra Fertilizer on the ground that complainant is an unemployed youth and for earing his livelihood by self-employment, he started a shop namely ‘Rakshit Enterprise’ for dealing with Agricultural Products but the shop was not running well or the complainant was not getting profit for proper running of his family. It is also stated that in the month of October-November, 2022 some persons represented themselves as the representatives of the O.P. No.1 met with the complainant and asked for dealing with their products. They intimated the complainant that on payment for the order, the goods will be supplied to the complainant and the unsold product will be got returned or repayment will be made by the O.P. No.1. By knowing the terms, the complainant was agreed to work with the O.P. No.1 and accordingly order was booked by the complainant and through their representatives goods were delivered but the response was very poor from the cultivator of the local area of the complainant. However, the second order was also placed on cash. Though the response was not satisfactory, the representative pursuing for the next order but the complainant was not agreed to place the next order. Therefore the O.P. No.1 informed the complainant that he is eligible for the credit facilities as the O.P. No.1 has been entered in a tie up with the O.P. No.2 for flourishing their products though the ground level retailers and the representative assured the complainant that at the time of year ending in between 31st March, all the unsold stock will be get retuned and the amount will be adjusted accordingly. The 3rd order was placed by the complainant on 17.11.2022 and said products were delivered by the O.P. No.3. At the time of taking delivery it was noticed that some products has been mentioned in the bill, had not been delivered and at the time of delivery the driver of the lorry made endorsement to that effect on the bill as well as on the challan. After the said incident, the representatives did not turn up in the shop of the complainant. The complainant, by getting information, came to learn that the O.P. No.1 has closed their business in West Bengal. On the other hand, when the complainant was in Bangalore for treatment, a letter was received by his father on 20.03.2023. After retuning therefrom, the complainant by going through the content of the same came to learn that the said letter is a legal notice which has been sent by the Lawyer of the O.P. No.2 by claiming their alleged outstanding and the date has been mentioned as 10.03.2022. In this way, the O.Ps committed deficiency in service and unfair trade practice.
From the Xerox copies of the certificate and enrolment, it appears that the complainant is a proprietor of business of pesticides. From the document filed by the complainant style as Form No.11, it appears that Sri Ananta Rakshit and Sri Bidhubhusan Rakshit deal in the trade of Fertilizer, Seeds & Pesticides from M/s. Rakshit Enterprise but M/s. Rakshit Enterprise has not been a party in this case and who are the representative came to the complainant, has not been mentioned in the complaint and from the very cause title, it is clear that O.P. Nos.1,2 & 3 are the business concerned and complainant No.1 disclosed in the cause title that his occupation is the cultivation but the documents i.e., Form No.11 and Form No.11A i.e., certificate ofenrolment disclosed that he is dealing in pesticides and his trade is Fertilizer, Seeds & Pesticides.
Therefore, it can be said that the transaction is for a commercial purpose as because the complainant is a business concerned and O.P. Nos.1,2 &3 are also a trading concerns but the complainant in his cause title suppressed that his occupation is business. On the other hand, he disclosed that his occupation is cultivation and his effective source of income also disclosed that his occupation is cultivation not the business. Then naturally the doubt is created in the matter.
Under the above facts and circumstances of the case, we are of opinion that the complainant is not a ‘consumer’ u/S 2(7) (ii) of the C.P. Act, 2019 and the complaint cannot be entertained under the Consumer Protection Act, 2019.
Hence, it is
O R D E R E D
that this case being No. CC-59/2023 be and the same is not admitted and thus disposed of.
Let a copy of this order be supplied to the complainant on free of cost.
Member Member President
D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman
