GLASS STUDIO vs Collector of Central Excise and Customs

THIS is a complaint by a supplier against opposite party No. 2 on account of non-payment of the value of the articles supplied. No. 1 having exercised the statutory power to initiate a proceeding under the Central Excise and Salt Act, 1944 which has not been finalised, claim is made against opposite party No. 1 also.

A person carries on business of supply of goods on payment does not receive any service from the purchaser for payment. Accordingly, complainant is not a consumer. It is true that Collector of Central Excise and Customs receives payment from the Central Government for rendering service of adjudicating proceeding under the Central Salt and Excise Act. Unreasonably on motivated delay or negligent in disposal of a proceeding amounts to deficiency in service and complainant can legitimately pray for a direction for early disposal of the proceeding against him under the Consumer Protection Act. In the existing material available, I am satisfied that the proceeding is being unreasonably delayed. In the result, there is no merit in this complaint which is accordingly dismissed. No costs. Complaint dismissed.