consumer dispute
Querist :
Anonymous
(Querist) 01 April 2011
This query is : Resolved
If the dealer/seller of the goods admits part payment of sale price, can a consumer can file a consumer complaint. If yes, how to convince the forum that in case part amount is admitted, the sale transaction becomes absolute and he is entitled for the relief as prayed for in the complaint and in case the seller is still is having any grievance, he may approach to the civil court for the recovery of remaining alleged amount.
R.Ramachandran
(Expert) 01 April 2011
Please first state the facts of the case and situation, instead of straight away asking abstract answers which may suit you.
V.T.Venkataram
(Expert) 01 April 2011
Accorging to section 2(1)(d) of the Consumer Protection Act, 1986,
(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)11[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 then the person who 8[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 11[but does not include a person wo avails of such services for any commercial purpose];
12[Explanation. For the purposes of this sub-clause "commercial purpose" does not include use by a consumer of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood, by means of self-employment;]
Hence in this case , he is a consumer
Guest
(Expert) 01 April 2011
specify the facts of the case so it becomes advisable
Jitendar Kumar gupta
(Expert) 01 April 2011
No you cannot take action under the Consumer Act.
For more information call 9868529732
Mail:guptajkin@gmail.com
R.Ramachandran
(Expert) 01 April 2011
Dear Mr. Jitender,
On what basis do you say that he cannot take action under Consumer Act?
Querist :
Anonymous
(Querist) 02 April 2011
Dear Mr. Venkatraman
Definition as provided in the Act is not sufficient. I want the judgment on the point that the seller admits the payment made through bank but denies the cash payment for which the consumer did not obtain any cash receipt, yet the sale transaction becomes absolute and the consumer complaint is maintainable.
Querist :
Anonymous
(Querist) 02 April 2011
Dear Adv Arunagiri, Adv Sachdev Bishnoi & Adv Ramachandran,
Facts in brief are as under :-
The seller is admitting part payment made through bank but is not admitting cash part for which the seller did not issue receipt. The consumer did not press for the cash receipt because the goods were delivered the same day as per system of the seller company. A consumer dispute arose later on and the consumer's complaint is pending before the forum. Now, the question is how to convince the forum that in case part payment is admitted the sale transaction becomes absolute and the consumer is entitled to relief. This is why section 2(1)(d) says that the consideration should be partly paid or partly promised. In my case no part payment is promised but claimed to have been paid in entirety but the seller did not issue receipt for the same and at the best the seller should approach the civil court for the recovery of remaining if any. Please enlighten and provide the judgments on this point.
R.Ramachandran
(Expert) 02 April 2011
As already rightly pointed out herein above by Mr. V.T.Venkataram, under Sec. 2(1)(d)(i) you are a 'consumer'. Whether you are an absolute 'owner' or not cannot be decided by the Consumer Forum. Consumer forum would only decide whether any deficiency in the goods and services and thereafter any remedial action for that. That is all.
But from your facts it is not clear as to:
What is the reason that you went to the consumer court?
And is there any objection from the consumer court or by the defendant that you are not the 'consumer'?
What is the exact issue for which you want to get an answer from this site?
Querist :
Anonymous
(Querist) 03 April 2011
Dear Mr. Ramachandran
I agree with you that the consumer forum cannot decide whether I am absolute owner of the goods or not but how to convince the forum since I do not have the receipt to prove part payment which was paid in cash and the seller is not admitting that. The consumer court has asked me to prove the payment or alternatively to produce a judgment to show that if the part payment is admitted by the seller, the sale transaction becomes absolute. This is essential simply because section 2(1)(d) defines a consumer as the one who buys the goods for consideration which is partly paid or partly promised. In my case, the entire price was paid but the seller is not admitting the cash portion but the facts remain that the goods were delivered after collecting the entire payment but the seller did not issue the cash receipt on the pretext that their computer was not functioning. Now please help me by citing a judgment/precedent on the subject that if the part payment is admitted by the opposite party/seller the sale transaction becomes final and in case the seller denies to have received part amount, at the best, he should approach to the civil court for the recovery and before the consumer court the consumer is entitled for the relief as prayed for. Pl cite the judgment as not much time is left.
R.Ramachandran
(Expert) 03 April 2011
Dear Anonymous,
Still you have not answered my queries.
(i) Was there any deficiency of service or goods - for which you made a complaint to the consumer court?
(ii) In other words, what was the triggering point which made you approach the Consumer Forum?
(iii) what was the prayer that you made before the Consumer Forum?
Querist :
Anonymous
(Querist) 04 April 2011
Dear Mr Ramachandran
i) Yes, there was a deficiency in service. After selling the goods, the seller did not fulfill certain formalities which he was legally required to do on the pretext that I have not made the entire payment of the goods
ii) The triggering point is as above
iii) The prayer before the forum is that he be directed to perform his part and to compensate me for mental harassment and agony as well litigation cost etc
I hope I have answered all your querries. But, no one is answering my query which is very very specific and to the point. The point is that according to section 2(1)(d) term, one is a consumer only if he buys the goods for consideration which has either been paid or partly paid and partly promised. In my case, the first situation is denied by the seller because he is not admitting the cash part as I have already said and the second part I do not fulfill simply because I have not promised for the part payment. My case is that the seller has not issued the receipt for the cash payment made by me on the pretext that the computer was not functioning but the fact remains that the goods were delivered as per system. Now, the consumer Forum has asked me to prove either the entire payment or to bring any precedent to show that if the part payment is admitted by the seller, the sale transaction becomes final in terms of section 4 of sale of goods act.
So, please provide me with a judgment to the aforesaid effect.
