Rama Chandra Sahu vs MANAGING DIRECTOR, TRIBAL DEVELOPMENT CO-OPERATIVE CORPORATION LTD., BHUBANESWAR

THIS appeal is directed against the order of the District C.D.R. Forum, Keonjhar passed in C.D. Case No. 18 of 1993 dismissing the case of the complainant.

IN the complaint petition, the case of the complainant is that he had sold tamarind in terms of Q 37.80 Kgs. contained in 63 bags @ Rs. 2/- per Kg. to one of the employees of the opposite parties - Tribal Development Co-operative Corporation Limited, on 8.6.1991 who granted a receipt in acknowledgement thereof. But in spite of repeated demands, the price of the article was not paid to the complainant for which he filed the aforesaid case for appropriate redressal. A show- cause was filed by the present respondents challenging the maintainability of the case on the ground that the opposite parties - Corporation cannot be a consumer as defined in the Act. The District Forum dismissed the case saying that the complainant has not been able to prove the transaction of sale beyond all doubts and because the opposite party - T.D.C.C. as having purchased the tamarind for commercial purpose cannot be a consumer. After giving our anxious consideration to the facts of this case we hold that the complainant''s case was liable to be dismissed even at the stage of admission without going into the merits of the order. In order that the complaint for a person under the Consumer Protection Act shall be entertained by a Consumer Forum the preliminary requirement is that the complainant is a consumer within the definition of the Act. Where the opposite party is not a consumer, the case cannot be entertained. It goes without saying that where the complainant is not a consumer as per the definition of the Act, the opposite party cannot also be a consumer. He must be a person against whom the consumer seeks relief. Admittedly the complainant in this case had sold the tamarind to the opposite party. Whether the opposite party takes it for commercial purpose or for his personal use had no relevance altogether. We express our regrets that the District Forum disposed of the case without having the basic idea as to whose case is entitled to be entertained by a Consumer Forum. We therefore set aside the impugned order and dismiss the complaint case. The appeal is accordingly dismissed. Appeal dismissed.