DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA
CC.No.466 of 23-10-2013
Decided on 14-11-2013
Gurvinder Singh, # 29252-A, St.No.2, Janta Nagar, City-Bathinda-151005, State: Punjab, Country: India 0091-9653-7262-66; E-mail:-raja2675@yahoo.in
........Complainant
Versus
1.The Hon'ble F.B.I. Officer, Legal Attache Office in American Embassy, Chankyapuri, New Delhi-110021.
2.The Hon'ble Office of the UNO Development Programmes, 55, Lodhi Estate, Lodhi-Road, New Delhi-110003.
3.The Hon'ble Ambassador, American Embassy, Chanakyapuri, New Delhi-110021, Tel:+91-11-2419 8000, Fax:+91-11-24190017.
4.The High Commission of the Federal Republic of Nigeria, EP-4, Chandragupta Marg, Chanakyapuri, New Delhi-110021.
5.The Officer, Hon'ble Miss Donna Story, F.B.I, United States Department of Justice, Anti-Terrorist and Monetary Crime Division, J.Edgar. Hoover Building, Washington DC-2053.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt.Vikramjit Kaur Soni, President.
Sh.Amarjeet Paul, Member.
Smt.Sukhwinder Kaur, Member.
Present:-
For the Complainant: Sh.Gurvinder Singh, complainant in person.
For Opposite parties: Not summoned.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act') alleging that at page Nos.11 and 12, FBI issued UNO mandate dated 10.10.2011 at his address at Bathinda against the criminals and past Government currupt officials who were keeping his debts pending and outstanding unnecessarily and in it mandated two methods to dispose the case against the criminals, one to open the online account against the payment of US $250/- or about Rs.13,000/- and second of courier delivery of ATM card against the payment of US $310/- or about Rs.16,120/- and also directed never to communicate with fraudsters asking more money than above stipulated. The complainant further alleged that at page Nos.13 and 14, filed UNO body Uncitral adapted model-law that the validated E-Commerce activities and barred all offences in the online activities with both imprisonment and fine. The complainant further alleged that at page Nos.15 to 20, he got served a legal notice as directed in purview of the 'Act' but the opposite parties done nothing. Thus the complainant has filed the present complaint to seek the directions to the opposite parties to refund the amount of Rs.16,120/- at the binding old dollar price to ensure him the delivery of the stipulated courier dispatch alongwith cost and compensation.
2. Preliminary hearing is given to the complainant and record placed on file by the complainant perused.
3. The case of the complainant is that he has paid Rs.16,120/- to the opposite parties for seeking the information regarding the criminals from the opposite party No.1.
4. A bare perusal of the complaint shows that the complainant has filed the complaint against the opposite parties impleading opposite party No.1 as 'The Hon'ble F.B.I. Officer, Legal Attache Office in American Embassy, Chankyapuri, New Delhi; the opposite party No.2 'The Hon'ble Office of the UNO Development Programmes, 55, Lodhi Estate, Lodhi-Road, New Delhi'; the opposite party No.3 as 'The Hon'ble Ambassador, American Embassy, Chanakyapuri, New Delhi'; the opposite party No.4 as 'The High Commission of the Federal Republic of Nigeria, EP-4, Chandragupta Marg, Chanakyapuri, New Delhi and the opposite party No.5 as 'The Officer, Hon'ble Miss Donna Story, F.B.I, United States Department of Justice, Anti-Terrorist and Monetary Crime Division, J.Edgar. Hoover Building, Washington DC'. The Hon'ble F.B.I. Officer, Legal Attache Office in American Embassy; the Hon'ble Office of the UNO Development Programmes; the Hon'ble Ambassador, American Embassy; the High Commission of the Federal Republic of Nigeria; the Officer, Hon'ble Miss Donna Story, F.B.I, United States Department of Justice, Anti-Terrorist and Monetary Crime Division are working with the Indian Government as per the international treaties passed between the abovesaid bodies on the international level. The services, if any, availed for the above mentioned purpose from the opposite parties, does not fall within the ambit of the 'Consumer' as no individual contracts with any individual person can be signed by these opposite parties. Thus availing of any service from all these above mentioned opposite parties does not fall within the purview of the 'Consumer' as defined under the 'Act'. The definition of the complaint as defined under the 'Act'.
“2(1)(c) 'complaint' means any allegation in writing made by a complainant that-
(i) an unfair trade practice or a restrictive trade proactice has been adopted by (any trader or service provider);
(ii) (the goods bought by him or agreed to be bought by him) suffer from one or more defects;
(iii) (the services hired or availed of or agreed to be hired or availed of by him) suffer from deficiency in any respect;
(iv) a trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price-
(a) fixed by or under any law for the time being in force;
(b) displayed on the goods or any package containing such goods;
(c) displayed on the price list exhibited by him by or under any law for the time being in force;
(d) agreed between the parties;
(v) goods which will be hazardous to life and safety when used are being offered for sale to the public,-
(a) in contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;
(b) if the trader could have known with due diligence that the goods so offered are unsafe to the public;
(vi) services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety;
with a view to obtaining any relief provided by or under this Act”
As per section 2(1)(d):-
“Consumer” means any person who -
(i) 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;
(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under system of deferred payment and includes any beneficiary of such services 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 or with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes.”
As per section 2(1)(g):-
“'deficiency' means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or other wise in relation to any service.”
As per section 2(1)(o):-
“'service' means service of any description which is made available to potential (users and includes, but not limited to, the provision of) facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, (housing construction) entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;
'spurious goods and services' mean such goods and services which are claimed to be genuine but they are actually not so.”
5. Thus in view of what has been discussed above, we are of the considered opinion that the complainant has not filed the 'complaint' as be filed under the 'Act' and he is not consumer to the opposite parties and service availed by him also does not fall under the definition of 'Service' as defined under section 2(1)(o). Moreover the opposite parties are the representatives of the other countries and working in India under the international treaties. Hence this complaint is not maintainable before this Forum, thus is hereby dismissed in limini without any order as to cost.
6. A copy of this order be sent to the complainant free of cost and the file be consigned to the record room.
Pronounced in the open Forum
14-11-2013
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur) Member
