Consumer protection law:- pls. help.
Punit Trivedi
(Querist) 02 September 2013
This query is : Resolved
sir,
i am practicing advocate @ bhavnagar Dist. here is my query.
my client has sold 14 tractor to farmers via agent in the year 2011. All 14 farmers has payed some portion of money to my client in installment;which was my client has shown into yearly audit report as ADVANCE AGAINST SALE's head. Now almost 50% amount has not been paid by farmers and they have file consumer complain against my client regarding not giving RC BOOK; FORM NO. 22. Further they produced the RECEIPT of the agent showing money has been received on behalf of my client but actually it was not shown in official account. even in the receipt there is not a single evidence of amount either in number or in word. Hence consumer court is not ready to allow my any argument regarding account dispute & all; forum ask me to satisfy him with evidence or judgement.
i m seeking for the Judgement regarding 1)consumer court has not power; if there is a account dispute b/w parties.
2) shall consumer court can order about deficiency in service.
3) what should be my argument regarding above issues.
V.T.Venkataram
(Expert) 03 September 2013
1. I am a practising consumer Advocate.
2.For filing consumer complaint, the balance amount payable is immaterial, since "consumer" means any person who 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
2. Secondly, Non providing of RC BOOK & FORM NO. 22,,constitute deficiency in service
3. The Principle is liable for all acts of his agent.If your agent has received the money on your behalf, it is deemed that you have received the money[of course, you can file a criminal case against your agent for breach of trust].
Punit Trivedi
(Querist) 03 September 2013
Thank you very much sir. your guidance will very much help full to me. shall i raise down one point.!!
as per my point of view; there is a ACCOUNT DISPUTE involve in the matter and as we all have come to know from the NATIONAL COMMISSION that; consumer forum has no jurisdiction to enter into the matter involving Account issue. (relay upon MILAN BAROT & OTRS.)
shall i raise down the same issue.? and ask forum to dismissed the petition.
Rajendra K Goyal
(Expert) 03 September 2013
Non providing of RC BOOK & FORM NO. 22,constitute deficiency in service and is not an accounting dispute.
V.T.Venkataram
(Expert) 03 September 2013
The case law quoted by you is not applicable to the facts and circumstances of this case, since the so called defects in the building were not proved, and the dispute boiled down to a “business-to-business” dispute.
However, you can always take the plea that
1. The item supplied was used for commercial purposes[ PLEASE VERIFY}
2.The opposite parties have suppressed the truth that they have NOT paid the balance, only after clearing the dues they are eligible for RC Book and Form.A party which suppresses facts from the court does not deserve to get any relief[V.P.Kapoor & others Vs Raj Chopra & others [1999(1) CPJ 31 ]
Hope this helps. Please be free to contact me for any suggestion.
Sudhir Kumar, Advocate
(Expert) 03 September 2013
prima-facie your client has entered in a deal not understood by you.
Generally such tractors are financed by banks and the deal is different from vehicle registration. the agrarian land is mortgaged as security as tractor(though a vehicle) is agricultural tool and not subject to attachment in recovery.
your client is prima-facie violating the contract. He sold tractors in reinstatement and is forcing the farmers to either pay full price of the tractor or not to bring it on the road.
It is just impossible to prove that farmers used tractor for commercial purpose (they have no IT return.
Your cleint has forgotten that he was dealing with most diecy community (farmers)
