Consumer court - agreement
Guru
(Querist) 22 March 2024
This query is : Resolved
dear sir , I gave yields of my coconut trees plantation of 2 hector with agreement ( stamp paper ) to one person for the year 2022 to 2023 . That person should pay us 160000 rupees . And in agreement we have mentioned that payment must be to my bank account and we have mentioned bank account number also . But he paid only 60000rs . Does this case can be filled to consumed court ? notice also sent for the same in July month 2023 , he has recieved it . please suggest sir . thank you
kavksatyanarayana
(Expert) 22 March 2024
If you want to file a case against him, consult a civil advocate to file the case in court not a consumer forum.
Advocate Bhartesh goyal
(Expert) 23 March 2024
Since your such transaction is commercial and based on contract so your case does not come under the purview of Consumer Protection Act. You have to file civil suit for recovery of balance and due amount.
Guru
(Querist) 23 March 2024
but sir , in this context, I would be considered the consumer because I'm providing goods (the yield from my coconut trees) for use, and the other person is the service recipient or the party obligated to pay for the use of those goods. in othe terms , deficency in service . please suggest me sir .
T. Kalaiselvan, Advocate
(Expert) 23 March 2024
Don't misinterpret the law.
You will not fall under the definition of consumer in this case.
You ma have to file a money recovery suit to recover your money
As this is a commercial activity involving buying and selling you need to approach civil court for appropriate relief
Guru
(Querist) 23 March 2024
dear sir , can I approach criminal court for this as there is no fee for this in criminal court ? thank you .
T. Kalaiselvan, Advocate
(Expert) 23 March 2024
Money recovery suit cannot be filed in a criminal court, you have to file a civil suit alone by paying the appropriate court fee for the purpose.
Guru
(Querist) 23 March 2024
dear sir , but its not financial sir and not financial agreement . agreement is over goods sir. so here who is the consumer sir ? seller and buyer . thank you sir
T. Kalaiselvan, Advocate
(Expert) 23 March 2024
This may not be a financial agreement but it involves money.
You are selling the goods for money and not giving it free of cost .
Hence if the buyer has not paid the sale consideration amount then you can recover the money from him by complying with the due process of law,i.e., by filing a money recovery suit.
If it is only a grievance about him and if you are interested in recovering your money, then you can lodge a criminal complaint agaisnt him with the police to punish him for the acts of breach of trust and cheating.
There is no ingredient to file any consumer grievances complaint because none of you are a consumer to each other.
Do not interpret law to your convenience.
}if you still like to proceed through consumer commission you can go ahead with your decision, it is your own discretion.
