Poonam Vs. W & B International etc.

Present: Sh. Shailender Suran Vanshi, Adv Counsel for the Complainant.

This complaint is filed by the complainant, wherein alleged that the complainant is the proprietor of the organic Foods and Ayurvedic Medicines, situated in Bashirpura, Jalandhar. The OP No.1 being a company dealing in the various grocery items supplied through the OP No.2, vide Invoice No.000465 dated 17.02.2018 with the assurance on behalf of the OP No.1 that items received by the complainant would be supplied to other dealers of the city through their own sales man. On the assurance of the OP No.1 that the goods/items supplied by the OP No.2 would be supplied to other dealers by sales man duly appointed by the OPs for this purpose. At the time of supplying the items, the OP received, one post dated cheque bearing No.012157 dated 10.03.2018, amounting to Rs.80,400/- drawn in Central Bank of India, Guru Gobind Singh Avenue, from the complainant in shape of security. It is submitted that the items supplied by the OP No.2 were to be sold with help of the sales man deputed by the OP No.1 as per the terms and conditions of the dealing, but the OP No.1 never sent the sales man despite repeated request on behalf of the complainant.

That the complainant informed the OP to send its sales man, time and again so that the items be supplied to other dealers of the market, but the OP No.1 did not depute any person for the sale of the items supplied by the OP No.1 to the complainant. OP No.2 taking undue advantage of having received the security cheque from the complainant presented the cheque in Vijaya Bank, Model Town, Ludhiana without informing the complainant though the OP No.2 had received Rs.20,000/- out of the amount of Rs.80,400/- her real brother. The complainant at the time of payment of Rs.20,000/- received the receipt from the brother-in-law of the OP No.2, who issued a receipt. The OP issued a notice under Section 138 of 'Negotiable Instruments Act', when the above stated security cheque was dishonoured, to the complainant. The complainant after receiving the notice under Section 138 of 'Negotiable Instruments Act', approached the OPs and reminded the OP No.1 about the fact that it was the duty of the OPs to depute its own sales man for the supply of the items to the various dealers in the area, but the OP never deputed the sales man and the items could not be sold due to the lapse on the part of the OP.

That due to negligence and deficiency in service on the part of the OPs as detailed above, the complainant is continuously suffering loss and is unable to earn her livelihood due to the issuance of the notice under Section 138 of 'Negotiable Instruments Act', which amount to spoiling of reputation of the complainant in the market, where the complainant is enjoying good reputation among his customers and public at large. The act and conduct of the OP No.1 and 2 is a clear cut deficiency in service on the part of the OP No.1 and 2 towards the complainant. Due to this deficiency in service, the complainant has suffered a great loss in her business. The complainant has been harassed by the OP by causing mental as well as physical harassment and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay compensation of Rs.1,00,000/- to the complainant along with interest @ 9% per annum and further OPs be directed to pay litigation expenses of Rs.50,000/-.

We have heard the learned counsel for the complainant on the question of admission and also gone through the case file very minutely.

After hearing the counsel for the complainant, we find that the complainant alleged in Para No.6 that the OP No.2 supplied the items at the shop of complainant in Jalandhar being authorized dealer and also received Rs.20,000/- from the complainant at Jalandhar and therefore, this Forum is having the territorial jurisdiction, to file the present complaint in this Forum.

In order to prove that the complainant received some items at her shop at Jalandhar, but the complainant is required to place on the file copy of the invoice, but despite asking in the Forum, the counsel for the complainant could not able to produce any copy of the invoice, thereby the complainant purchased any food items from OP No.2. No doubt, the complainant has placed on the file one Bill/Invoice bearing No.G-465 dated 17.02.2018, but the said Invoice/Bill is not issued by either of the OP rather it has been issued by the complainant herself. So, from this way, the complainant is not become a Consumer in any manner, if so then, this complaint is not maintainable.

Further, in regard to jurisdiction of this Forum, the complainant alleged that she received some items from OP No.2, at Jalandhar, but there is no evidence available on the file that what items has been received by the complainant in her shop at Jalandhar and further the complainant alleged in Para No.6 of the complaint that OP No.1 received Rs.20,000/- from the complainant at Jalandhar, but there is no evidence available on the file that the part payment has been made at Jalandhar, moreover, if we go through the pleading and in Para No.3, the complainant herself stated that the OP No.2 presented the cheque in Vijaya Bank, Model Town, Ludhiana and received Rs.20,000/-. So, it means the said part payment was received by the OP No.2 at Ludhiana, not at Jalandhar. So, no cause of action or part of the cause of action has ever arisen at Jalandhar and furthermore, the OPs have neither Sub-Office at Jalandhar, if so then, that Sub-Office must be impleaded in this complaint. So, from all the angles, we conclude that this Forum has no territorial jurisdiction to entertain the present complaint.

In the light of above detailed discussion, this complaint is ordered to return to the complainant for want of territorial jurisdiction, with the liberty to file the same before the appropriate Forum. Copy of the order be supplied to the complainant free of cost, as per Rules. Remaining documents, if any be consigned to the record room.

Dated Harvimal Dogra Karnail Singh

19.06.2018 Member President