NCDRC

NCDRC

RP/4128/2010

NIKHIL SUGAR LTD. - Complainant(s)

Versus

JAGDISH SARAN - Opp.Party(s)

MR. PUNEET AGRAWAL

29 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4128 OF 2010
 
(Against the Order dated 10/08/2010 in Appeal No. 1595/2009 of the State Commission Madhya Pradesh)
1. NIKHIL SUGAR LTD.
Through Sh. Shiv Narain Gurjar, Factory Manager, Duly Authorised Person, Saubhagya Laxmi Parisar, Chhipaner Road
Harda
Madhya Pradesh
...........Petitioner(s)
Versus 
1. JAGDISH SARAN
R/o. Village Chingaon, P.O. Neem Gaon, Tehsil and Distt. Harda
Harda
Madhya Pradesh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. PUNEET AGRAWAL
For the Respondent :NEMO

Dated : 29 Jul 2011
ORDER

Respondent/complainant filed a complaint before the District Forum alleging that the petitioner mill had purchased sugarcane from the respondent at a price less that what it had paid to the other farmers.  District Forum allowed the complaint and directed the petitioner to pay the difference amount of Rs.5/- per quintal totaling to Rs.17,000/- along with Rs.2,000/- for mental agony and physical

 

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torture and Rs.1,000/- towards the cost.  Petitioner was directed to pay the amount within 30 days, failing which the amount was to carry interest @ 7% p.a. 

          Petitioner being aggrieved filed the appeal before the State Commission.

          Counsel for the petitioner contends that the respondent would not be a ‘Consumer’ within the meaning of Section 2 (1) (d) of the Consumer Protection Act, 1986 in view of the judgment of this Commission in “The Chairman, Hutatma Kisan Ahir Sahakari Sakhar Karkhana vs. Anandrao Nivrutti Khot, 2002 (1) CPR 126 (NC) revision petition 978 of 2001, decided on 04.12.2001’; that the respondent was a seller of goods; that the respondent did not buy or hire services of the petitioner and, therefore, not a consumer. 

          Although, we find substance in the submission made by the counsel for the petitioner, but since the amount involved is very meager, we are not inclined to interfere with the impugned order.  Dismissed.

          Question of law is left open.

 

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          The decision of the State Commission be not taken as a precedent for future reference.

          Petitioner is directed to pay the sum of Rs.20,000/- awarded by the fora below within 4 weeks from today, failing which the petitioner would become liable to pay interest @ 7% as per directions issued by the District Forum.

          On payment of the sum of Rs.2,000/- petitioner would be at liberty to withdraw the amount deposited by it before the State Commission at the time of filing of the appeal.

            The State Commission is directed to release the amount deposited in favour of the petitioner.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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