Date of Filing : 04.08.2011

  Date of Order : 18.02.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 18^th FEBRUAY 2012

PRESENT

Sri. T. RAJASHEKHARAIAH        ……..                    PRESIDENT

Smt. K.G.SHANTALA                      ……..                    MEMBER

CONSUMER COMPLAINT NO. 172 / 2011

M/s. S.M.B. Youth Welfare Society (R),

No. 803, Fort, Kolar.

Rep. by its President Sri. S. Amanulla Khan,

S/o. Sikandar Khan,

Aged about 77 years,

R/a: Fort, Kolar.

(By Sri. Mohammed Haneef, Adv.)                         ……. Complainant

V/s.

The Taluk Social Welfare Officer,

Kolar Taluk, Kolar.                                                …….           Opposite Party

ORDER

By Smt. K.G. SHANTALA, MEMBER

This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986 seeking direction against the OP to pay Rs.1,75,000/- together with interest @ 24% P.A. from the date of supply till the date of realization of amount and for such other reliefs as would be deemed fit.

2.       Brief facts of the case are that Complainant is a registered Society.  As per the direction and orders placed by OP, the Complainant Society supplied 38 Sewing Machines at the rate of Rs.4,625/- per Machine on 01.01.2010.  Having taken delivery of the said 38 Sewing Machines in good condition, OP issued payment slip for Rs.1,75,000/- to the District Treasury for encashment.  However, the Bill was not encashed, but returned to the Complainant Society, which is nothing but willful default on the part of OP and there is deficiency of service committed by OP.  As such, the OP is liable to pay Rs.1,75,000/- together with damages by way of interest @ 24% P.A.  Aggrieved due to non-payment of consideration amount towards supply of Sewing Machines, the Complainant has filed this Complaint.

3.       On service of notice, the OP appeared in person and sought time to file his version.  However, OP failed to appear thereafter and version was taken as not filed and later affidavit of OP was taken as not filed.  The Complainant alone filed affidavit reiterating the complaint averments.  

4.       From the complaint averments & documents, the points that arise for consideration are as under:

(1)     Whether the Complainant proves that he is a “consumer” ?

(2)     Whether there is deficiency on the part of OP ?

(3)     If so, to what relief/s the Complainant is entitled ?

REASONS

5.       Point No. 1 – From the complaint, affidavit and the documents, it is proved that the Complainant Society has supplied goods viz., 38 Sewing Machines to OP.  As a supplier of goods, the Complainant claims to be a consumer under OP and it is not tenable.  The Complainant Society is not a consumer under OP, but a supplier of goods to OP.  The Complaint is filed against the OP for non-performance of contractual obligation i.e., for non-payment of consideration amount towards the cost of 38 Sewing Machines amounting to Rs.1,75,000/-.

6.       The Complainant Society does not come within the definition of “Consumer” as enunciated u/s. 2(1)(d) of Consumer Protection Act, 1986.  The nature of dispute between the Complainant and the OP is one of the contractual obligation and not Consumer – Service Provider relationship.  As the Complainant has failed to prove that he is a consumer under OP, he cannot seek redressal in this Forum.  However, the Complainant is at liberty to agitate his claim before competent Civil Court.

7.       Point Nos. 2 & 3 – Since Point No. 1 is held in the negative, Point Nos. 2 & 3 do not arise for consideration.  Hence, we pass the following:

ORDER

          Complaint is dismissed.  No costs.

          Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 18^th day of February 2012.

K.G.SHANTALA                                                 T.RAJASHEKHARAIAH

     Member                                                                      President

SSS