Judgements

B.S. Sundaravadivel Mudaliar And … vs A.P. Forest Development … on 3 August, 2001

National Consumer Disputes Redressal
B.S. Sundaravadivel Mudaliar And … vs A.P. Forest Development … on 3 August, 2001


ORDER

D.P. Wadhwa, J. (President)

1. Petitioner was the complainant before the District Forum. He is manufacturer of beedies. He based his complaint on the allegation that he had entered into an agreement with the respondent Andhra Pradesh Forest Development Corporation for purchase of beedi leaves and since the respondent defaulted in delivering beedi leaves, he suffered damages and sought compensation amounting to over Rs.2.00 lakhs District Forum by its order dated 28th December, 1994 allowed the complaint and directed the respondent – A.P. Forest Development Corporation to pay to complainant Rs. 90,000/- as damages and in case payment was not made within three months from the date of order which is 28.12.94, the amount will carry interest @ 18% per annum. There was no order as to costs.

2. Aggrieved, Forest Development Corporation filed an appeal before the State Commission Complainant also filed appeal seeking perhaps enhancement of compensation. While the appeal of the Forest Development Corporation was allowed, appeal of the complainant was dismissed by the impugned order dated 26.4.99 by the State Commission. In the circumstances of the case, State Commission held that complainant could not be said to be a consumer as no consumer dispute was raised. We agree with the reasoning of the State Commission that the complainant could not be said to be a consumer. He was purchasing beedi leaves from the Forest Development Corporation for the purpose of manufacturing beedies. Petitioner has also sent a letter. In this letter he says that since he was appearing in person notice be issued to the Forest Development Corporation for fixing a date for final hearing with intimation to him. Notice was issued to the petitioner for direction whether the petition could be admitted. Since we do not think it is a fit case for admission, it is not necessary to send any further notice to the petitioner for hearing. This revision petition is dismissed.