Complaint No: 51 of 2023.

                                                                    Date of Institution: 01.03.2023.

                                                                           Date of order: 17.10.2023.

Vijay Kumar Son of Sh. Avtar Chand, resident of Village Bathanwala, P.O. Dodwan,Tehsil Dina Nagar and District Gurdaspur. Pin Code – 143532.

                                                                                                                                                                        ….......Complainant.                                                                                                                                                                                                                                                                                                                                                                                              

                                                                                                 VERSUS

S.S. Enterprises, Plot No.7, Near Sikka Gass Agency Godown, Preet Nagar, Mandir Wali Gali, Batala Road, Amritsar, through its Authorized Persons. Pin Code -143505.                                                                                            

                                                                                                                                                            .....Opposite Party.

                                             Complaint Under section 35 of the Consumer Protection Act.

Present: For the complainant: Sh.Anand Mahajan, Advocate.

             Opposite Party:          Exparte.         

Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.

ORDER

Lalit Mohan Dogra, President.

          Vijay Kumar, Complainant (here-in-after referred to as complainant) has filed this complaint under section 35 of the Consumer Protection Act, (here-in-after referred to as 'Act') against S.S. Enterprises (here-in-after referred to as 'opposite party).

2.       Briefly stated, the case of the complainant is that the complainant is running a Karyana Merchant business under the name & style of M/s Vishal Traders at Behrampur Road, Dina Nagar for earning livelihood for himself and his family members. It is submitted that Sh. Rakesh Kumar being owner of the S.S. Enterprises (opposite party) deals in Essance, Gass, Crown Cork, Plastic Cap, Empty Glass, Pet Bottle, Prefoam, Cellotaps, Ice Creme and Bakery Goods being manufacturer of High Class Soda Water machines, Pet Plant, Reverse Osmosis and Spare Parts came into contact with the complainant in the month of April 2022 for the supply of the Pet Bottles. It is further pleaded that the first dealing took place between the complainant and said Rakesh Kumar on 23.04.2022 for the supply of Pet Bottles. It is further pleaded that in the course of business, the complainant used to place the orders to said Rakesh Kumar on telephone and made the payment regarding the placed order through online. It is further pleaded that after making the payment the placed order used to receive by the complainant within a period of one week. It is further pleaded that in this manner the complainant and said Rakesh Kumar repose confidence upon each other. It is alleged that on 06.06.2022, the complainant placed an order for supply of Pet Bottles to said Rakesh Kumar and for the above said order he has paid an amount of Rs.36,200/- through UPI payment mode in the account of said Rakesh Kumar but this time the complainant did not receive the placed order within a period of one week. It is further pleaded that thereafter when complainant made telephonic call to said Rakesh Kumar then it was told by his son namely Sahil Arora that his father Rakesh Kumar is admitted in Hospital for treatment and as and when he will be got recovered then placed order would be supplied. It is further pleaded that after passing of some days, when complainant again tried to contact telephonically then it was told by Sahil Arora that his father Rakesh Kumar had died and due to that reason the said order still has not been dispatched by the opposite party. It is further pleaded that the complainant many times telephonically as well as by visiting the site of business of opposite party requested to either to supply the above said placed order or to make the refund of the payment of Rs.36,200/- which was paid by him to said Rakesh Kumar but the opposite party failed to comply with his request and finally refused to do so. It is further pleaded that thereafter the complainant through his counsel on 20.01.2023 issued legal notice to the opposite party and requested to either to supply the above said placed order or to make the refund of the payment of Rs.36,200/- which was paid by the complainant to said Rakesh Kumar within 15 days from the receipt of the legal notice but the opposite party refuse to receive the legal notice. It is further pleaded that due to this illegal act and conduct of the opposite party the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. It is further pleaded that there is a clear cut deficiency in service on the part of the opposite party.

          On this backdrop of facts, the complainant has alleged deficiency and negligence in service and unfair trade practice on the part of the opposite party and prayed that necessary directions may kindly be issued to the opposite party to supply the above said placed order or to make the refund of the payment of Rs.36,200/- which was paid by the complainant to said Rakesh Kumar to the complainant and the opposite party may be burdened with a cost of Rs.10,000/- as litigation expenses and Rs.10,000/- for mental harassment and torture to the complainant, in the interest of justice.

3.       Opposite party did not appear despite the service of notice and was proceeded against exparte vide order date 24.08.2023.

4.       Learned counsel for the complainant has tendered into evidence affidavit of Vijay Kumar, (Complainant) as Ex.CW-1/A alongwith other documents as Ex.C-1 to Ex.C-5.

5.       Written arguments not filed by the complainant.             

6.       Counsel for the complainant has argued that complainant is Karyana Merchant and running a shop for earning his livelihood and has been purchasing goods from the opposite party. It is further argued that in April, 2022 complainant had given contract to the opposite party for supply for pet bottles and opposite party supplied the pet bottles and in this manner the business transactions continued to take place between complainant and opposite party. It is further argued that on 06.06.2022 complainant had placed supply order for pet bottles to the opposite party and made payment of Rs.36,200/- but opposite party failed to supply the pet bottles and also failed to refund the amount of Rs.36,200/- to the complainant which amounts to deficiency in service.

7.       Opposite party remained exparte.

8.       We have heard the Ld. counsel for the complainant. To prove his case complainant has placed on record his duly sworn affidavit Ex.CW-1/A, copy of statement of account Ex.C1, copy of bill Ex.C2, copy of legal notice Ex.C3. We are of view that after going through the record and documents it is a clear cut case of financial transactions between two business entities. Complainant has placed an order for supply of pet bottles and opposite party failed to supply the bottles and to refund the amount. However, instead of availing proper legal course i.e. by way of filing civil suit for recovery of due amount in respect of goods regarding which order was given the  complainant has filed present complaint without establishing relationship of consumer and service providers.

9.       Accordingly, complaint being without merit is ordered to be dismissed. However, complainant is at liberty to avail his remedy of recovery of amount by filing civil suit in the competent court of law.

10.     Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                                                                               

            (Lalit Mohan Dogra)

                                                                                      President.  

Announced:                                                   (B.S.Matharu)

Oct. 17, 2023                                                        Member.

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