BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SHIMLA, H.P.



Consumer Complaint No: 489/2004

Date of presentation: 09.11.2004

Date of decision: 09.03.2009.



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Shri Kali Ram Kanwar … Complainant.



Versus



Himachal Fruit & Vegetable Company and another





…Opposite Parties.

Coram



Shri Pritam Singh (District Judge) President.

Mr. Charanjit Singh, Member (Female)

………………………………………………………………………..

For the complainant: Mr. B.S. Ranjan, Advocate



For the Opposite Parties: Mr. Jagat Shyam, Advocate.



O R D E R:

Arguments partly heard. At this stage, the learned counsel for the OPs submitted that the complainant being not ‘consumer, the present complaint is not legally maintainable. The contention considered. It may be stated that it is no where specifically alleged by the complainant in complaint as to how he is a consumer and what service was rendered by the OPs to him and how the OPs are guilty of rendering deficient service to him. Rather in the complaint, the complainant has alleged that he being orchardist sent consignment of apple produce to OPs for further sale in the market. It however is no where alleged in the complaint, as what consideration was paid by him to the OPs at the time of sending the consignment of the apple produce to them. Therefore, keeping in view the averments made in the complaint, and after examining rival contention, this Forum is of the considered opinion that the complainant is not a ‘consumer’. Hence, question of rendering service to him by Ops does not arise. Resultantly, this Forum has no jurisdiction to entertain and try the present complaint. From close scrutiny of the facts of the case, it appears case purely of civil nature and the civil court is competent to adjudicate and decide the matter in controversy between the parties effectively. Hence, the complaint being not legally maintainable is ordered to be returned to the complainant along with documents of case with liberty to present it before competent Forum, having the jurisdiction to try this dispute, if so advised. It is ordered accordingly. The learned counsel for the parties have undertaken to collect the certified copy of this order from the office, free of cost, as per procedure. The file after due completion, be consigned to record room.

Announced on this the 9th day of March, 2009.



(Pritam Singh)

President.





N/Mehta) (Charanjit Singh)

Member