Filed on       : 20.07.2012

Disposed on          : 28.07.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 28^th JULY2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

CC No. 84 / 2012

Sri. N.A. Balaji,

S/o. N.C. Ashwathanarayanashetty,

Prop: M/s. Vaishnavi Enterprises,

1^st Cross, Muneswara Nagar,

Kolar.                                                                    …..    Complainant

(By Sri. M.Manjunatha, Adv.)

V/s.

1. The Chief Secretary,

    Government of Karnataka,

    Vidhana Soudha,

    Bangalore.

2. The Commissioner,

    Social Welfare Department,

    M.S. Building, 5^th Stage,

    Dr. Ambedkar Road,

    Bangalore.

3. The Chief Executive Officer,

    Jilla Panchayath,

    Kolar District,

    Kolar.

4. The District Social Welfare Officer,

    Kolar District,

    Kolar.

5. The Executive Officer,

    Taluk Panchayath,

    Kolar Taluk,

    Kolar.

6. The Taluk Social Welfare Officer,

    Kolar Taluk,

    Kolar.                                                                …..    Opposite Parties

ORDER

By Sri. H.V. RAMACHANDRA RAO, PRESIDENT

          The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OP to pay Rs.15,12,833/-  and interest are necessary:-

OP6 has called for tender with respect to supply of food materials to the Hostels of the Social Welfare Department for the year 2009-10.   Accordingly, as the Complainant was the successful bidder, OP placed an order with the Complainant for supply of food materials taking EMI of Rs.8.00 Lakhs.  OP was supplied with the materials from 22.06.2009 till completion of the order.  Out of  Rs.58,27,833/-, the value of the food materials supplied, only Rs.47,15,000/- has been paid and remaining has not been paid.  Hence, this Complaint.

2.       The points that arise for our consideration are:

(A)            Whether  there  is  prima  facie  case  of  deficiency in

service to entertain this Complaint and whether there is consumer & trader Relationship between the parties?

(B)            What Order ?

3.       Our findings on the above points are as under:

          (A)     Negative

          (B)     As per detailed order for the following reasons

4.       Complaint is summarized supra and the same be read herein again.  According to the Complaint and documents, Complainant has applied for tender and OP has accepted it.  Accordingly, Complainant supplied the food materials to the Hostels worth Rs.58,27,833/- and the concerned has paid only Rs.47,15,000/-, but Rs.15,12,833/- has not been paid. 

5.       Now, we have to see whether the Complainant is a consumer and this is a consumer dispute.  Section 2(1)(d) of the C.P. Act defines who is a consumer which reads thus:

“Consumer” means any person who -

(i)      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

(ii)      hires or avails of any services 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 services 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 payments, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose”

Section 2(1)(q) of the C.P. Act defines who is trader which reads thus:

“Trader” in relation to any goods means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form, includes the packer thereof.

That means consumer is a person who “purchases any goods for consideration either to be paid immediately or deferred” and the trader is a “person who sells goods for consideration either paid or deferred”.  Here, Complainant has not purchased any services or goods from the OPs.  It is the OPs who have purchased the goods and services from the Complainant.  Complainant can never be termed as consumer and OPs can never be termed as traders.  It is for the recovery of the amount for which Complainant has supplied the materials.  His remedy is to go the Civil Court to establish his right.

6.       Hence, we hold the above points accordingly and pass the following order.

ORDER

1.       Complaint is dismissed.

2.       Send copy of this Order to the concerned free of costs.

3.       Return extra sets to the parties concerned under the Regulation 20(3) of Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 28th day of July 2012)

T. NAGARAJA                                                        H.V.RAMACHANDRA RAO

    Member                                                                   President

SSS