NCDRC

NCDRC

FA/116/2010

NIRBHAY COLD STORAGE PVT. LTD. - Complainant(s)

Versus

REGIONAL CHIEF, HUDEC & ANR. - Opp.Party(s)

MR. ATUL KUMAR

27 Jul 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIFIRST APPEAL NO. 116 OF 2010
(Against the Order dated 11/01/2010 in Complaint No. 22/2009 of the State Commission Bihar)
1. NIRBHAY COLD STORAGE PVT. LTD.Through its Managing Director, Shir Dadan Singh Yadav, Yadav Nagar, R.P.S.More, Naya Tola, Bailey Road, PatnaBihar ...........Appellant(s)
Versus
1. REGIONAL CHIEF, HUDEC & ANR.HUDEC Regional Office, 2nd Floor, Block B-2, Maurya Lok COmplex, Dak Bunglow Road,Patna - 800001Bihar2. The Director NationalHorticulture Board,(Head Quarter) 85, Institutional Area, Sector-18, Gurgaon-122015Haryana ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.C. JAIN ,PRESIDING MEMBERHON'BLE MR. SURESH CHANDRA ,MEMBER
For the Appellant :MR. ATUL KUMAR
For the Respondent :NEMO

Dated : 27 Jul 2010
ORDER

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Aggrieved by the dismissal of its complaint at the threshold by the Bihar State Consumer Disputes Redressal Commission, Patna (in short, ‘the State Commission’) vide order dated 11.01.10, the original complainant has filed the present appeal. ..2.. The office has reported delay of 59 days in filing the appeal but no application has been filed by the appellant seeking condonation of delay. Even if, we condone the delay, we do not find any merit in the present appeal because the appellant is admittedly a private limited company which started a venture for which he sought certain financial assistance as well as claimed subsidy from the government. Although, learned counsel for the appellant submits that the said venture was established by the complainant for earning livelihood by self-employment but no such averment was made and could possibly be made in the complaint, the complainant being admittedly a company incorporated under the provisions of the Indian Companies Act, 1956. On these facts, the State Commission was eminently justified in dismissing the complaint at the threshold on the premises that the complainant is not a ‘consumer’ as defined in section 2 (1) (d) of the Consumer Protection Act, 1986. We, therefore, dismiss the appeal, however, with the observation that the complainant/appellant shall be within its right to pursue its remedy before the appropriate court/tribunal/forum in accordance with law as he may be advised. The appellant/complainant did not take a hint from the order of the State Commission and has approached this ..3.. Commission with these proceedings, we are constrained to impose a cost of Rs.5,000/- to be deposited with the “Consumer Legal Aid A/c”, NCDRC within a period of two weeks from today.



......................JR.C. JAINPRESIDING MEMBER
......................SURESH CHANDRAMEMBER