Date of filing : 29-07-2011
Date of order : 19-11 -2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.192/2011
Dated this, the 19th day of November 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
T.M.Mathew, S/o. Mathew, } Complainant
Thattamparambil House, Parappa.Po.
Hosdurg Taluk, Kasaragod.Dt.
(Adv. Santhosh Thomas, Hosdrug)
1. The Managing Director, } Opposite parties
Kanhangad Rubber Ltd,
Behind Bus Stand, Kanhangad.
2. The President,
Parappa Rubber Producers Society,
Vattipuna, Po.Parappa, Hosdurg Taluk
(Adv. Rajagopala.A, Kasaragod)
O R D E R
SMT.K.G.BEENA, MEMBER
The complainant is a small scale rubber producer and he used to sell the latex to opposite party No.1 through opposite party No.2, for the last more than 4 years. But opposite parties are giving only less rate for latex and the calculation of reading of DRC is also incorrect (DRC Dry Rubber Content). After noticing these irregularities, complainant sent a registered lawyer notice demanding compensation and requesting to take samples in his presence but was not heeded by opposite parties. Hence the complaint seeking necessary redressal.
2. According to opposite parties complainant is not a consumer as defined under the Consumer Protection Act as amended and hence on this ground alone, the Forum has no jurisdiction to entertain this complaint.
3. Here the preliminary question is whether the complainant is a consumer or whether this complaint is maintainable before this Forum.
Upon hearing of the complainant it is clear that the complainant is selling the latex to opposite party No.1 through opposite party No.2, and the complainant received the price of the latex on the basis of percentage of DRC. Hence he is not a consumer as per the Consumer Protection Act. Therefore this complaint is not maintainable before this Forum. Hence the complaint is dismissed as not maintainable.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
