Viaji kirthi (Manager) 27 September 2011

Need help to protect my consumer protection rights

"NAMASTHE"
one of my best friend is having the Distribution of some company and he has given an consignment to a shop owner, the sop owner has sold the shop itself to other person who is very unknown to my friend, But the consignee had never settled his amount, due to settlement between the other two parties he is suffering from the loss.
My basic question is where is his Consumer Protection Rights stand. & what is his Legal options opened. Kindly have the Suggestions from the Members. Thanks & Regards.... kirthi, Mandya

Reply Follow

3 Replies

M.Sheik Mohammed Ali (advocate) 28 September 2011

if you have any agreement then go specific performance act send to notice to him, no need consumer forum.

(Guest)

It is not a consumer protection case. You can act upon the advice of M. Sheik Mohd. Ali.

Md Zaryab J Rizvi (Principal Partner) 06 October 2011

Dear Ms Kirthi,

The dispute mentioned by you cannot be redressed by the Consumer Protection Act. Your friend does not qualify the basic requirement of being a consumer as per the CPA. The ammendment of 2002 clearly bars transactions of purely commercial nature to be treated as cosumer dispute. For your reference the relevant extract is here under:-

Section 2 (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 but does not include a person who avails of such services for any commercial purposes;

Your friend has various remedies available to him. Well it will depend on the documents that you have in support of your case. As usually seen that relationship between traders is not made into black and white by signing a agreement, if that is the case specific performace would not be the best option. It would also be important to have proof of delivery of goods/services, for which you should have relevant documents order book, invoice, delivery challan etc. You will also have to show if the said claim is unpaid.

I will advice you to consult a Lawyer along with all relevant documents. If no notice has been sent a demand notice should be sent to the person. Thereafter a recovery suit may be filed for recovery of the dues.

Hope your Query is Answered to your satisfaction.

Regards,

Zaryab Rizvi - Advocate (Delhi)

9999784700