ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                            JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking the following reliefs:

            The case of the complainant in brief, the complainant having two of goods carrier vehicle bearing No.OD-21G-0015 & OD-05-Z-8015 for his livelihood for maintaining his family and maintain the studies of his children and became in the member of Jagannath Truck Owners Association which is represented by the opposite parties, after paying the required fee and is still continuing as a member of the association having membership Sl. No.211. The opposite parties association used to providing loading facilities to the vehicles of the complainant and the complainant used to pay the association fees @ Rs.200/- per load apart from membership, and in return, the complainant used to get service of the opposite parties.

            The aims and objectives of the association, the opposite parties among other things are to co-ordinate the activities in different manner and safeguarding the members with a view to have uniformity rate on engagement of Trucks on Govt. rates.

            Though the opposite parties has assured the complainant to provide coal loading equally like other members as per the rules and regulations of the associations but not providing the loading facilities of the compiling facilities of the complainant, since dated 4.09.2022 in an arbitrary manner which is against the bylaw of the Jagannath Truck Owner’s Association.

            The complainant approached the opposite parties several times and put forth his grievances under the bylaw NSD lastly on 15.9.2022 which has not been taken in to consideration. All the effort of the complainant is in vain as because the complainant was supporting another candidate, in the last election of the association who lost the election in the year 2022.

            On dated 16.9.2022 the opposite parties refused to provide any load without any reason and result vehicles of the complainant could not be able to pay the installments which may cause repossession of the vehicles by the financial companies, hence this consumer complainant.

            The complainant therefore prays the following reliefs Rs.50,000/- towards mental agony, Rs.10,000 towards litigation expenses and Rs.4,30,000/- towards loss of business .

The case of the opposite parties in brief they have filed their written version without any verification by denying allegations of the complainant. The opposite parties raise in question about in maintainability of the consumer complaint as because the complainant is not a consumer U/s 2 (7) of C.P. Act, 2019. Hence the consumer complaint is unwarranted and unsustainable in the eye of Law as liable to be dismissed with cost.

            Heard both the parties. Perused the case record considering the arguments and pleadings of both the parties the following issues are framed to be considered.

            Issue -1- Whether the complainant is a consumer;

            The opposite parties namely Jagannath Truck Owner’s Association is an organization having its aims and objects among others is to co-ordinate the activities in different manner and safe guiding the interest of the members with a view to have uniformity rate as engagement of Trucks on Government approved rates, which goes on to clarity that the said association provides services of loading facilities to its members by taking the required fees for the same.

            Admittedly and from the resolution of the Executive committee of Jagannath Truck Owner’s Association dated 04.9.2022, which has been filed by the opposite parties, which evidently shows that the opposite parties have admitted the complainant is a member of the said association having membership No.211, so it is admitted principle of Law that facts admitted need not be proved. So the complainant has availed the service of the opposite parties on payment of their charges/fees. Hence is a consumer U/s.2(7) (II) of C.P. Act,2019. Hence this issue is decided in favour of the complainant.

            Issue-2 - Whether the written version of the opposite parties as filed be accepted;

            These are catena of judgments which goes as to hold that i.e. the written version/Pleadings were not supported with verification that should not be considered and should be discarded in this case, the opposite parties are filed their written version without the verification. Hence it is discarded and this issue is decided against the opposite parties.

            Issue-3 - Whether the ops have committed any deficiency in service/ unfair trade practice towards the complaint;

            It is quite clear from the discussion of the above issues and from the bylaws that the Jagannath Truck Owner’s Association has been created to co-ordinate the activities in different manner and to safeguard the interest of the members, with a view to have uniformity rate on engagement of the Trucks as government approved rates of course the aims and objects claims other things but to engage the Truck is in vain, aim of the association and the said association is collecting respective fees per allotment of the Trucks of the members of the association, so the association is taking membership fees to engage the Truck and for arrangements, it became clear that without the membership of the association a owner of the Truck can not engage the Trucks hence necessarily the association   is providing service to the members of the association, admittedly the opposite parties have stopped the loading facilities  and decided to suspend the membership of the complainant by virtue of the resolution made by the Executive Committee dated 04.9.2022 which is arbitrarily and illegal here the complainant being a valid member is deprived of the service of the association is arbitrarily and illegal as per the Rules and Resolution of the Association  which has been filed by the opposite parties before this Commission. As per the Rules and Regulation of the Association which has been dealt the Sl. No.7 “Rights and duties of Member of General body” and Sl. No.8  “cancellation of membership” that only General body of the Association has got the Power to suspend /terminate any member by two third majority of the present members, present in the meeting. No resolution of General body regarding sustentation/termination has been filed before this Commission            , so the executive committee has no authority to suspend/terminate any member as per by-law of the Association. So the suspension of the complainant and subsequent stopping of the loading facilities is arbitrary, illegal and going against the Rules and Regulation of the Association.  Hence it is not only a deficiency in service but also an unfair Trade practice on the part of the opposite parties towards the complainant and accordingly this issue is decided in favor of the complainant.

            Issue-4 - Whether the complainant is entitled to get the reliefs as sought for;

            From the discussion in the above the issues it is amply clear that the opposite parties not only found to have committed deficiency in service but also is involved in unfair trade practice towards the complainant. Hence the complainant entitled to get the relief as sought for.

            In view of the above facts and circumstances and considering the natural justice envisaged in the Consumer Protection Act,2019, it is ordered that that the opposite parties are held liable jointly and severally for their deficiency in service and unfair trade practice towards the complainant and hence the opposite parties are directed to provide load by engaging the trucks bearing No.OD-21-G-0015 & OD-05-Z-8015 by receiving proper fees towards the same from the complainant and the opposite parties are further directed to pay Rs.1,00,000/- (one lakh) towards loss of business, mental agony and cost of litigation to the complainant and this order is to be carried out within 30 days from the date of order .