State Consumer Disputes Redressal Commission
M/S Jyanti Cold Storage At Dadar, ... vs 1.Ram Karan Yadav Son Of Shri Hari ... on 9 July, 2012
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No. 261 of 2007 Date of Institution: 01.02.2007 Date of Decision: 09.07.2012 M/s Jyanti Cold Storage at Dadar, Rajgarh Road, Alwar (Rajasthan) through its Partner Rajender Jain. Appellant (OP-1) Versus 1. Ram Karan Yadav son of Shri Hari Shankar Yadav, Resident of Mohalla Arjun Nagar, Turkiawas Road, Rewari, Tehsil and District Rewari. Respondent (Complainant) 2. Dharampal, Proprietor M/s Jayanti cold Drinks near Mata Chowk Bus Stand, Rewari (Haryana). Respondent (OP-2) BEFORE: Honble Mr. Justice R.S. Madan, President. Dr. Rekha Sharma, Member. For the Parties: Shri J.S. Yadav, Advocate for appellant. None for respondents. O R D E R
Justice R.S. Madan, President:
Case called several times since morning but none put in appearance on behalf of the respondents. This appeal relates to the year 2007. Notices to the respondents have been issued several times but none has appeared to contest this appeal. As per the provision of the Consumer Protection Act, 1986, the complaints as well as the appeals are to be decided within the prescribed period. Thus, the non-cooperative attitude of the respondents is against the spirit of the Consumer Protection Act because of unnecessary delay in deciding this appeal. Under these circumstances we do not think it appropriate to adjourn this appeal indefinitely and therefore we proceed to decide the same after hearing the learned counsel for the appellant and going through the case file.
Complainant Ram Karan Yadav (respondent No.1 herein) has filed complaint before the District Consumer Forum with the allegations that he had purchased two bottles of cold drinks make-Jayanti Mango from Ajay Cold Drinks on 12.8.2005 against payment of Rs.16/-. According to the complainant he found some bad elements in the aforesaid cold drinks bottles upon which he complained to the opposite parties but to no effect. Forced by these circumstances, the complainant filed complaint before the District Consumer Forum alleging deficiency in service against the opposite parties and seeking compensation.
Opposite parties appeared and contested the complaint by filing their separate written statements. Opposite Party No.1 denied the allegations of the complainant in its written statement. Opposite Party No.2 in its written statement took the plea that he was not the distributor of the opposite party No.1 Jayanti Cold Drinks. It was stated that the complainant had purchased the bottles from Ajay Cold Drinks which was not make a necessary party. It was further stated that the opposite party No.2 being the distributor of opposite party No.1 Jayanti Cold Drinks never sold the product to Ajay Cold Drinks as alleged nor he is authorised to sell the product to Ajay Cold Drinks. Thus, it was prayed that the complaint merited dismissal.
On appraisal of the pleadings of the parties and the evidence adduced on the record, President of the District Forum accepted complaint and issued direction to the opposite party No.1 M/s Jayanti Cold Storage as under:-
1) to refund Rs.8/- the price of the Jyanti Cold drinks in question besides a compensation to the tune of Rs.2,000/- to the complainant, and
2) to pay a sum of Rs.50,000/- as damages to be deposited with the Red Cross Society at District Rewari.
Let the compliance of this order be solicited within one month from the date of receipt of the copy of this order failing which interest @ 9% p.a. shall be liable to be paid over this amount.
However, Shri Abhishek Jain, Member of the District Forum dismissed the complaint. Accordingly, the file was put up before third member Ms. Nutan Jagia, who agreed with the view taken by President.
Hence this appeal filed by opposite party against the majority view of the District Forum.
We have heard learned counsel for the appellant and perused the case file.
It is contended by the learned counsel for the appellant that the complainant has failed to produce any evidence that the cold drinks bottles were purchased by him from the opposite parties. It is further argued that the complainant had allegedly purchased the cold drinks bottles from M/s Ajay Cold Drinks & STD who has not been impleaded as party and therefore the complaint was not maintainable.
We find force in the contention raised on behalf of the appellant. According to the version of the complainant he had purchased the bottles from M/s Ajay Cold Drinks & STD who has not been impleaded as party. More so, the opposite party No.1 is the manufacturer of the Cold Drinks but the complaint against the opposite party No.1 is also not maintainable at Rewari for want of territorial jurisdiction as the complainant has failed to prove the purchase of the cold drinks from the opposite parties within the territorial jurisdiction of District Consumer Forum, Rewari.
Having considered the facts and circumstances of the case, we feel that there is force in the view taken by Shri Abhishek Jain, Member of the District Forum whereby the complaint was dismissed. Hence, the impugned order passed by President and lady member is not sustainable in the eyes of law.
Accordingly, this appeal is accepted, the impugned order passed by President and lady member is set aside and complaint is dismissed. Consequently, order passed by Shri Abhishek Jain, dismissing the complaint is maintained.
The statutory amount of Rs.25,000/-
deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal and revision, if any filed in this case.
Announced: (Justice R.S. Madan) 09.07.2012 President (Dr. Rekha Sharma) Member