BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Tuesday the 12th day of October , 2010
C.C.No 153/09
Between:
M. Sreeramulu, S/o. M.Thipappanna, Proprietor, M/s Suresh Leather Goods Supply,
Shop No.6, S.C.Complex, Near Indoor Stadium, Kurnool. …..Complainant
-Vs-
1. The Vice Chairman-cum Managing Director, Andhra Pradesh Schedule Caste Co-operative Finance Corporation,
5th Floor, Damodaram Sanjeevaiah Bhavan, Masab Tank, Hyderabad.
2. The District Collector,
Kurnool.
3. The Executive Director, District Schedule Caste Cooperative Society Limited,
O/o S.C. Corporation, OPP. Birla Guest House, Gooty Road, Kurnool. ……Opposite PartieS
This complaint is coming on this day for orders in the presence of Sri.S.Siva Rama Krishna Prasad, Advocate, for complainant, Smt.D.S.Saileela, Advocate for opposite parties and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No. 153/09
- This complaint is filed under section 12 of C. P. Act, 1986 praying to direct the OPs
- to pass an award in favour of the complainant against the opposite parties for a sum of Rs.2,50,000/- with interest @ 18% from 24-04-1999.
- to award a sum of Rs.1,00,000/- towards compensation and mental agony caused by the OP.
- to award costs of the complaint .
- to such other relief and reliefs as the court deems fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as under:- The complainant is a consumer within the definition of C.P. Act. The complainant supplied raw material to 24 beneficiaries as ordered by OP.No.2. The cost of the raw material supplied to each unit was Rs.25,000/- . A total sum of Rs.6,00,000/- was due to the complainant . The complainant was paid an advance amount of Rs.3,00,000/- the balance amount was agreed to be paid after the delivery of the material to the beneficiaries. . On 17-08-2004 OP.No.2 sanctioned Rs.50,000/- to the complainant out of balance amount of Rs.3,00,000/- . The balance amount of Rs.2,50,000/- was not paid to the complainant by the OPs inspite of several demands. The complainant also got issued legal notice on 09-05-2005. OP.No.3 gave a reply that the appropriate action will be taken after the completion of the ACB case Cr.No. 9/ACB-KUR 99. Even after the lapse of 10 years the OPs are not properly responding to discharge the balance of the amount. The complainant is a trader he supplied material to the beneficiaries as per the directions of the OPs. It is unfair on the part of the OPs in not settling the claim of the complainant. Non payment of the balance amount to the complainant by the OPs amounts to unfair trade practice. Hence the complaint.
3. OP.No.3 filed written version and the same is adopted by OPs 1 and 2. It is stated in the written version of the OP.No.3 that the complaint is not maintainable. The complaint is filed after the lapse of 10 years and it is bared by limitation. The complainant is not a consumer as defined in the C.P.Act. There is no deficiency of service on the part of the OPs. At present outstanding balance amount of Rs.2,50,000/- is pending for payment to the complainant. The payment was delayed for want of original records seized by ACB at the time of trap case. As the beneficiaries closed the units and the units are not existing at present the Ops are not liable to pay the balance amount to the complainant. The compliant is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A10 are marked and the sworn affidavit of the complainant is filed and Ex.X1 is also marked. On behalf of the opposite parties sworn affidavit of OP.No.3 is filed. No documents are marked.
5. Both sides filed written arguments.
6. The points that arise for consideration are
(i) whether the complainant is a consumer as defined in Sec. 2(1)(d) of the Act.
(ii) whether there was unfair trade practice on the part of the OPs ?
(iii) whether the complainant is entitled to the relief as prayed for?
(iv) To what relief?
7. Points No.1 & 3 :- The complainant filed the present complaint for recovery of balance amount of Rs.2,50,000/- from the OPs. It is the case of the complainant that he is a trader in leather goods and that he supplied raw material to 24 beneficiaries as per the orders of the OP.No.2. Admittedly the complainant supplied raw material to 24 beneficiaries sponsored by OP.No.3. The total cost of the raw material supplied by the complainant to the beneficiary was Rs.6,00,000/- . Admittedly an amount of Rs.3,00,000/- was paid to the complainant as advance. It is also admitted that the complainant was paid Rs.50,000/- on 17-08-2004 . In total the complainant was paid Rs.3,50,000/- out of Rs.6,00,000/- for the raw material supplied by him to the beneficiaries. Admittedly the balance amount of Rs.2,50,000/- was not paid to the complainant by the OPs. In Ex.A7 letter of OP.No.3 , addressed to the OP.No.1 it is mentioned that an amount of Rs.2,50,000/- payable to the complainant is still pending. In Ex.A9 dated 07-07-2009 addressed by OP.No.1 to OP.No.3, OP.No.3 was directed to recover the amount from the official responsible and settle the balance amount payable to the firm. It is not the contention of the OPs that they are not liable to pay the balance amount of Rs.2,50,000/- to the complainant .
8. It s argued by the learned counsel appearing for the OPs that the complainant is not at all a consumer and that the present complaint is not maintainable. Sec 2 (1) (d) of the C.P.Act says that consumer is a person who buys goods for consideration or hires or avails of any services for a consideration. In the present case admittedly the complainant is a trader. He supplied material to the beneficiaries sponsored by OP.No.3 . He supplied the raw material to the beneficiary as per the orders of the OP.No.2. The complainant was paid Rs.3,50,000/- out of total value of the raw material of Rs.6,00,000/- . The present complaint is filed for recovery of balance amount of Rs.2,50,000/- . The supplier of goods can not be called as a consumer as defined in Sec. 2(1) (d) of the Act. Admittedly the complainant is not a purchaser of goods from the OPs. The complainant has not the availed or hired any service from the OPs for consideration. The complainant is not a consumer as defined in Sec. 2(1) (d) of the C.P.Act and the dispute between the complainant of and the OPs is not a consumer dispute.
9. It is also the case of the complainant that there was unfair trade practice on the part of the OPs. Admittedly the OPs are not doing any business. The OPs are not traders. On the request of Ops the complainant supplied raw material to the beneficiaries. It does not amount to unfair trade practice as defined under Sec. 2(1) (r). This forum has no jurisdiction to direct the OPs to pay the balance amount of Rs.2,50,000/- for the raw material supplied by the complainant to the beneficiaries sponsored by OP.No.3 . The complainant is not a consumer. There is no unfair trade practice on the part of the OPs. The complaint is not maintainable and it is liable to be dismissed.
10. The complainant filed the present complaint in this forum instead of filling the same in a civil court. If the complainant is entitled for recovery of the any amount from the OPs it is open to him to file a civil suit against the OPs in appropriate court for recovery of the amount due by the OPs. This forum has no jurisdiction to entertain the complaint as the complainant is not a consumer as defined in Sec. 2(1) (d) of the Act.
11. Point No.4: In the result the complaint is dismissed. In the circumstances no costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 12th day of October, 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nil
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of Proceedings of the District Collector in OC.No.842/97-B4. dt.24-04-1999
Ex.A2. Photo copy of letter addressed to council for the complainant by OP2.
Ex.A3. Photo copy of the letter addressed by the OP 2 to complainant dt.17-08-2004
Ex.A4. Office copy of legal notice dt.09-05-2005
Ex.A5. Photo copy of reply of OP2 to the legal notice of the complainant.
Ex.A6. Photo copy of letter dt.10-08-2007 by the Inspector of Police, ACB, Kurnool to the OP3.
Ex.A7. Photo copy of letter dt. 08-12-2008 addressed by the OP2 to the OP1.
Ex.A8. Photo copy of letter dt.10-04-2009 addressed by OP3 to the council of the complainant.
Ex.A9. Photo copy of letter dt.07-07-2009 addressed by OP1 to OP3
Ex.A10. Certificate dt.04-06-20010 issued by Tahsildar, Kurnool Mandal, Kurnool District.
Ex.X1. Attested copies of Statement of Beneficiaries of ACB, Kurnool.
List of exhibits marked for the opposite parties: Nil
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
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