Chandigarh

DF-II

CC/118/2022

S.C Nagpal - Complainant(s)

Versus

ATS Infrastructure Ltd. - Opp.Party(s)

Adv. Sudesh Kumar Pandey

14 May 2024

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	118 of 2022
Date  of  Institution	:	07.02.2022
Date   of   Decision	:	14.05.2024

 

 

 

 

 

S.C.Nagpal, aged about 76 years son of late Sh.H.R.Nagpal, resident of H.No.1590, Sector 18-D, Chandigarh 160018

             …..Complainant

 

Versus

1]  ATS Infrastructure Ltd., through its CMD Sh.Getamber Anand, 711/92, Deepali, Nehru Place, New Delhi 110019 and C/o Plot No.16, Sector 135, NOIDA (UP)

2]  ATS Estates Private Limited, through its Managing Director/concerned Officer Brig. (Retd.) Sh.Pardeep Singh Rathi/Sh.Amitav Nath, c/o ATS Golf Meadows, G.T.Road, Dera Bassi 140 507

     ….. Opposite Parties

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                 MEMBER

                               

Argued by:-     Sh.Sudesh Kumar Pandey, Counsel for the complainant

Sh.Sukhandeep Singh, Counsel for the OPs

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       The complainant has filed the present complaint pleading that he is a practicing Lawyer and has been conducting/defending OPs in various court cases in different courts at Punjab, Chandigarh etc. since the year 2005 they started the project at Derabassi, Mohali.  It is stated that the fee structure was duly settled with OP No.1 as Op No.2 is its sister concern.  It is submitted that till the year 2015 the OP Company was duly honouring the bills sent by the complainant towards the expenses incurred by him but after that the OP Company started defaulting in making payment & clearance of bills sent by him and only 10% to 20% of the bill amount was cleared and rest was deferred for payment in next financial year.  It is submitted that due to non clearing of bills by the OPs, the payment of Rs.27,92,000/- is due towards the OPs as debt payable to the complainant which the OPs also accepted and some of the bills are also detailed in Ann.C-2. It is also submitted that the complainant sent legal notice to the OP Company for payment of his pending bill amount (Ann.C-3) but to no avail. It is pleaded that the complainant has been providing legal services and the OP Companies are the consumers of the legal services being rendered by the complainant and the OP Companies are indulging in unfair trade practice, defect and deficiency in payment of professional fees.  Hence, this complaint has been filed with a prayer to direct the OPs to pay to the complainant an amount of Rs.31,98,133/- along with interest, compensation and litigation expenses. 

 

2]       After the service of notice upon the OPs, they appeared before this Commission through their counsel and filed their written version to the complaint taking preliminary objection that the complainant is not covered under the definition of ‘consumer’ under the Consumer Protection Act, 2019.  It is denied that the fee structure was settled with MD/CMD/Chairman of the OP Companies.  It is also denied that the complainant in each case spend from his own pocket for the purpose of preparation, filing, clerkage, engagement of junior counsel at various stages and would submit the bills of those expenses with OPs. It is submitted that the complainant has not annexed any agreement or payment receipt or fee bills in this regard.  It is pleaded that the availing of complainant’s alleged legal services would not make the complainant a consumer in the present matter. Denying all other allegations made against them, the OPs have prayed for dismissal of the complaint with cost.

 

3]       Replication has also been filed by the complainant controverting the assertions of OPs made in their written version. 

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the contesting parties and have gone through the documents on record including written submissions.

6]       First, we have to consider the issue whether the complainant is a ‘consumer’ under The Consumer Protection Act, 2019 or not?

 

7]       In order to find out answer to the above mentioned issue, the following law and facts are required to be discussed:-

 

8]       Section 2(7) of The Consumer Protection Act, 2019 stipulates as under:-

        Section 2 (7) "consumer" means any person who—

1. buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

 

2. hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.

 

Explanation.—For the purposes of this clause,—

(a)     the expression "commercial purpose" does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;

 

(b)     the expressions "buys any goods" and "hires or avails any services" includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;

 

9]       The perusal of the record reveals that the complainant in Para No.11 of the complaint himself stated that:-

“the complainant has been providing legal services and the Respondents-Companies are the consumer of the legal services being rendered by the Complainant…….”. 

         Moreover, the whole complaint of the complainant specifies that his claim is about non-payment of his fee by the OP Companies for the alleged legal services rendered by him to the OPs.

 

10]      It is observed that the position is quite opposite in the present case, the complainant is a service provider as he rendered legal services to the OP for consideration and OP is the consumer as he has availed legal services of the complainant being Advocate.

 

         Thus it is proved that the complainant is not a consumer qua OPs and instead he is a service provider.

         It is opined that the present complaint preferred by service provider/complainant as in the present complaint, if entertained then it would amounts to evasion of court fee to be paid before the Civil Court and this will also amount to consume the time and energy of Consumer Commission by non-consumers instead of using that time & energy for the benefit of consumers. Therefore, the complaint deserves to be dismissed. Though it is a fit case to be dismissed with cost yet taking a lenient view, the cost is not imposed upon the complainant.

 

11]      In view of the above discussion & findings, the complaint is hereby dismissed. No order as to costs. The complainant shall, be at liberty, to approach an appropriate Authority/Court in the matter and the time spent herein may stand commuted/condoned for the purpose of limitation.

12]      The pending application(s) if any, stands disposed off accordingly.

13]      Office is directed to return the complaint to the complainant against proper receipt and after retaining its copy.

         Certified copy of this order be sent to the complainant, as per rules. After compliance file be consigned to record room.

Announced

14.05.2024                                                                         

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

 (B.M.SHARMA)

MEMBER