SREE BALAJI CLEARING AGENTS PVT. LTD. vs Syndicate Bank

IN this complaint the complainant has claimed a sum of Rs. 9,81,572/- with interest thereon from the Opp. Parties i.e., Syndicate Bank, Whitefield, Bangalore.

THE complainant is a transporter, customs licensed shipping clearing and forwarding agent. It is the case of the complainant that he had transported the goods of Opp. Party No. 2 from Madras to Bangalore on various dates since 1989. The complainant further averred that with regard to Invoice No. 3 dated 13.7.90 a Civil Suit has been filed which is pending before the City Civil Court, Bangalore in O.S. No. 3248/91. The complainant nextly averred that Invoice No. 4 dated 13.7.90 was for a sum of Rs. 4,45,150/- and Invoice No. 5 dated 19.3.90 was for a sum of Rs. 2,25,500/- which the Opp. Parties failed to pay. In this complaint the complainant sought the amount of those two invoices in a sum of Rs. 6,74,650/- and also interest on the said amount.

The Opp. Parties filed their version and averred that the complainant is not a consumer under the provisions of the Consumer Protection Act and so the complaint itself is untenable.

WE heard the learned Counsel for the Opp. Parties regarding maintainability of the complaint. The complainant and the learned Counsel for the complainant called out and absent WE perused the pleadings of the parties. It is clear from the averments made by the complainant that the complainant is a transporter who had transported the goods of Opp. Party No. 2 from Madras to Bangalore and had raised various invoices. The complainant has further averred that the amounts in respect of two invoices dated 13.7.90 and 13.3.90 were still due to him and which he sought from the Opp. Parties in this complaint.

HAVING regard to these facts, we are constrained to hold that the complainant is not a Consumer under the provisions of the Consumer Protection Act. The word ''Consumer'' has been defined under Section 2(1)(d) of the Consumer Protection Act, which reads as under: Sec. 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; or

(ii) hires or avails of any services 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 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 of with the approval of the first mentioned person: Explanation.-For the purposes of Sub-clause (1) "commercial purpose" does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment."

From the averments in the complaint, it is clear that the complainant had not hired the services of the Opp. Parties for consideration, nor he had bought any goods from the Opp. Parties which were found defective. It is on the other hand the Opp. Parties who had hired the services of the complaint or consideration.

HAVING regard to these facts, we are constrained to hold that the complainant cannot be classified as a Consumer under the provisions of the Act and the complaint does not raise any consumer dispute. So the complaint is untenable. Moreover, Invoice Nos. 4 and 5 are dated 13.7.90 and 19.3.90. This complaint came to be filed only on 15.7.94. HAVING regard to these facts the complaint is highly belated and barred by time.

IN the result, therefore, this complaint fails and it is dismissed. The parties are directed to pay and bear their own costs in this proceeding. Complaint dismissed.