DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 3rd day of May, 2024
Present : Sri. Vinay Menon V., President
: Smt. Vidya A., Member
: Sri. Krishnankutty N.K., Member Date of Filing: 06/01/2024
CC/10/2024
Ramani Traders,
Rep. by Proprietor,
Santhosh M,
30/387, Vadakkanthara (PO),
Palakkad – 678 012 - Complainant
(By Adv. K. Gopakumar)
Vs
Way Cool Foods & Products Pvt.Ltd.,
SF 697-2 Rep.by its Proprietor,
Kolathur Main Road, Venkitapuram Post,
Near L&T Byepass Road, Venkitapuram,
Coimbatore – 641 062 - Opposite party
(Exparte)
ORDER IN THE QUESTION OF MAINTAINABILITY
By Sri. Vinay Menon V., President.
- At the time of admitting the complaint, it was felt necessary to hear the question of maintainability as pleadings revealed essence of resale.
- OP did not enter appearance and was set exparte and question of maintainability was heard.
- A perusal of the pleadings would show that the entire dispute revolves around the purchase of OP’s product by the complainant for Rs.45,885/- and demand for taking back of product which remained unsold. This complaint is filed seeking Rs.13,708.40 which is the cost of unsold items. Balance items were sold off by the complainant.
- This being a case where the complainant had obtained the product for the purpose of resale, we hold that the complainant cannot be termed as a Consumer for the purposes of being a Complainant under the Consumer Protection Act.
- Accordingly, we dismiss the complaint as not maintainable.
Pronounced in open court on this the 3rd day of May, 2024.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty N.K.
Member
NB : Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020, failing which they will be weeded out.
