Uttar Pradesh

Aligarh

CC/94/2021

ABHISHEKH KUMAR SINGH - Complainant(s)

Versus

M/S MANISH ENTERPRISES - Opp.Party(s)

20 Feb 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/94/2021 ( Date of Filing : 09 Jul 2021 )   1. ABHISHEKH KUMAR SINGH AGE 33 S/O SRI P,N. SINGH R/O 2/359 SHANKAR MARG VISHNUPURI ALIGARH PRO M/S GURAD ENTERPRISES ...........Complainant(s) Versus 1. M/S MANISH ENTERPRISES THROUGH ITS PROPRIETOR SHRI MANISH SARKAR S/O SRI MRENAL SARKAR R/O DOOR NO 4 115/58 MALIIER ROAD NEAR CANARA BANKATM MANGALURE KARNATAKA ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER

PRESENT:

Dated : 20 Feb 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs- The Op be directed either to refund the product amounting Rs.627170/ or to pay the cost Rs. 627170/ with interest 24% from 25.01.2020 till the payment is made.  The Op be directed to pay Rs.100000/ as damages.. The Op be directed to pay Rs. 10000/ as ligation expenses The Complainant has stated that he is the proprietor of the firm and carries on trading in hardware goods in the name and style of M/s Guard Enterprises. He uses to supply goods to the Op with the assurance that the payment would be made after receiving the goods. Complainant supplied the goods to the Op for Rs. 43188/ and by that time an amount of  Rs. 485000/ was already due. Op did not pay the amount due despite of legal notice dated 13.03.2020 sent to the op demanding the amount. The act of the Op is unfair trade practice and deficiency  in service . Op admitted the relationship of supplier and buyer and did not admit the other allegations as made in the complaint. Op stated that  on 1.4.2018 an amount of Rs. 253116/ was due. On 25.01.2020 an amount of Rs. 29662/ was due to Op against the complainant. Complainant has concealed the payment made in the account of his mother. Complainant has received payment of Rs. 29662/ till the date 25.01.2020 and he has filed a concocted and fabricate case. Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavit in support of their pleadings. We have perused the material available on record and heard the parties counsel. The first question of consideration before us is whether the complainant is consumer and there is any consumer dispute to be resolved by the commission. Complainant has claimed the amount allegedly due against the Op for the goods supplied to him by the complainant. Complainant has alleged that he had supplied the goods on the assurance made by the Op for the payment of the price of the goods. This clearly indicates the recovery of the price of the goods supplied by the complainant to the Op on making assurance by him. If the Op fails to fulfill his assurance, it incurs the civil liability and the remedy is the recovery of price of the goods. Complainant has stated that the OP has committed unfair trade practice in dealing with the complainant. This is concerned with payment of the price and not any defect or any statement made by the OP regarding the goods and therefore the act of the OP cannot be said to have fallen within the definition of unfair trade practice under 2(47) of the Act. Complainant has not explained  any kind of service which was not performed by the OP and therefore failure to make payment price of the goods cannot be said to have fallen within definition of service under section 2(7) (ii). Thus there cannot be any deficiency  in service under section 2(11) of the Act. There cannot be said any kind of consumer dispute and complainant is not consumer. Accordingly the dispute is not cognizable by the commission.   The question formulated above is decided against the complainant. The Second question of consideration before us is whether there is any amount due to the complainant? We are of the view that the complaint is not maintainable and is liable to be dismissed. And is hereby dismissed. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded as per rule on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER