IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/13/2018.
Date of Filing: Date of Admission: Date of Disposal:
12.02.18 19.02.18 09.04.19
Complainant: Wazad Ali Molla
Prop. T.S. Admixture Projects,
Sagardighi
PS-Berhampore
Dist-Murshidabad,
Pin-742408
-Vs-
Opposite Party: 1. The General Manager, Bajaj Electricals Ltd.
E& PBU 801, 10th floor,
Rustomjee Aspire,
Vanu Sankar Yagnik Marg,
Eastern Express Highway,
Sion East, Mumbai-4000022
2. The Deputy General Manager, D.D.U.G.S.Y.
Eastern Region to Head Quarter,
3rd Floor, OLIC Building,
N 17/2, Naya Palli,
Bhubneswar, Orissa-751012
Agent/Advocate for the Complainant : Sri. Partha Sarathi Ghosh
Agent/Advocate for the Opposite Party : Sri. Subhanjan Sungupta.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Smt. Aloka Bandyopadhyay, Member.
This is a complaint under section 12 of the CP Act, 1986.
One Wazed Ali Molla (here in after referred to as the Complainant) filed the case against General Manager, Bajaj Electricals Ltd. and Another (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant runs a business for his livelihood in the name of SAPPHIRE CON and supplies electric polls to the customer and doing so the Complainant supplied 27000 electric polls to the Opposite Party No.1 in various lots from 2010-2013 at a fix rate of Rs.2,288/- per polls including vat. As per their agreement, the OP No.1 paid Rs. 36,63,000/- for only 1980 number of poles @ of RS1850/- for four lots dated 29.02.12, two times on 27.03.12 and 30.03.12 where as the rest amount of Rs. 8,67,240.00/- is due @of Rs 1980 plus an outstanding amount of Rs 59,356/- totaling Rs.9,29,596/- only is at all due and the OP has not paid the same after repeated request. Finding no other alternative, the Complainant files the instant case before this Forum for appropriate relief.
After service of the notice, the OP appears by filing written version, contending inter alia that the case is not maintainable as the Complainant is not a consumer and the dispute is not consumer dispute. This is purely a civil dispute. So, the case is liable to be dismissed.
Now the question arises whether the Complainant is a consumer and he is entitled to get relief as prayed for?
Decision with reason
As per the condition of Complainant had supplied 27000 number of electric polls and the Complainant received an amount of Rs.36,63,000/- only for 1980 number of polls @ 1850 where as the rest amount of Rs.8,67,240/- is due and also outstanding amount of Rs.59,356.00/- totaling Rs.9,29,596/- is due as the Complainant has supplied the polls to the OP No.1.
Ld. Advocate for the OP stated that the Complainant has filed the instant case for recovery of alleged due amount of Rs.9,29,596/- from the OP towards the goods supplied by him. This is purely a civil dispute and it can be treated as consumer dispute.
‘’ Consumer means a person who 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 who 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 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 services for any commercial purpose.’’
Considering the facts and circumstances of the case and documents filed by the parties, we are of the opinion that the Complainant cannot be termed as consumer as per section 2( I) (d) of the Consumer Protection Act, 1986 as the Complainant claimed money from the OP No.1 and Consumer Protection Act is for those who avail services or goods not for the person who provides services or sales goods. The present complaint petition shows that the Complainant is seeking for recovery of the alleged dues of Rs. 9,29,596/- from the OP towards the goods supplied by him. So, the Forum could not have jurisdiction to entertain the consumer complaint. So, the complaint is accordingly dismissed with liberty to the Complainant to avail such remedy other than filing consumer complaint as may be open to him in law.
Reasons for delay
The Case was filed on 12.02.18 and admitted on 19.02.18. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day order.
In the result, the Consumer case fails.
Fees paid are correct. Hence, it is
ORDERED
that the complaint Case No.CC/13/2018 be and the same is hereby dismissed on contest against the OPs without cost.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member President.
