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Judgment
THE District Hisar Depot Holders Association through their Vice-President have chosen to prefer this appeal against the order of the District Forum virtually declining relief in the complaint preferred by it.
WE are firmly of the view that the order of the District Forum has to be upheld and the appeal is singularly lacking in merit. Consequently if is unnecessary to delve too deeply into the facts and merits of the case in this order of affirmance. It suffices to mention that the primal allegation was that the Hisar Depot Holders Association (hereinafter referred to as the association) had deposited a sum betwixt 25th of March to 30th of March, 1993 totalling Rs. 9 lacs in all with the District Manager of the Haryana State Federation of Consumer''s Cooperative Wholesale Stores Ltd. at Hisar for the supply of a quota of sugar to be distributed to the villagers under the public distribution system. The grievance was that the requisite quantity of sugar was not supplied within time and the relief sought was that the interest on the deposited amount on a commercial rate be directed to be paid alongwith a direction to supply the sugar stock to the association. On notice being issued the respondents took up the plea that the appellant-association did not even remotely come within the ambit of a consumer and the complaint was not maintainable. On merits, the plea was that in fact only an amount of Rs. 5.54 lacs for the purchase of sugar stock was deposited and in accordance with the rules and the procedure the Director, Food & Supplies, Haryana allocated 115 metric tonnes of sugar from the stock with the Cooperative Sugar Mill at Bhuna. However, the said Mill failed to make delivery of the same and after the necessary back references to the Food & Supplies Department the latter directed that lifting the stock from the Saras wati Sugar Mill at Yamuna Nagar. In the consequential delay which followed, stock was released against the May quota and the firm plea taken on behalf of the Haryana State Federation of Consumer''s Co-operative Wholesale Stores Ltd. was that they had made sincere and honest efforts in securing allotted quota and there was not the least default on their part in this context.
The District Forum on the basis of the material before it disbelieved the appellant''s version of the deposit of Rs. 9 lacs and accepted the counter version of the respondents. It also found that for valid reasons the respondents could not arrange to supply the sugar quota for the month of April. However after mildly admonishing the respondents for the delay in supply it found that no case for the grant of interest was made out and disposed of the complaint with the post-script that such a situation would be avoided in future to promote the aims and objects of the public distribution system.
DESERVES highlighting that on behalf of the respondents Shri S.P. Bishnoi took up the firm stand that the appellants by no stretch of imagination could come within the ambit of the definition of consumer. It was submitted that in fact they were an association of traders and in placing orders on the respondents for the quota sugar they were in no way consumers of the same and were a mere cog in the public distribution system for supply of sugar to the public, who indeed were the ultimate consumers thereof. There appears to be patent merit in the aforesaid submission. On their own showing the appellant association is a body of traders or shop-keepers who have been appointed Depot holders for the sale of sugar under the public distribution system. It deserves highlighting that the Act defines a ''trader'' separately and as such in contradistinction to a ''consumer7 under the Act. Even though repeatedly pin-pointed Shri K.L. Soni, the authorised representative of the appellant-association could not indicate anything whatsoever from the rules and instructions governing the public distribution system which could possibly bring the depot holders as consumers within the meaning of the Act. As at present advised we are inclined to accept the stand taken on behalf of the respondents that the appellant-association or individual members hardly satisfied the litmus test of being consumers under the Act. Consequently the complaint itself was hardly maintainable and the District Forum was somewhat remiss in not adverting at the very threshold to this basic issue.
APART from the above, Shri K.L. Soni being a layman was totally off the mark in laying any meaningful challenge to the order under appeal. On facts also the District Forum finding that in fact the appellants had not produced any receipt or account or any evidence worth the name to support their bald assertion that they had paid Rs. 9 lacs could not be assailed on behalf of the appellants nor the acceptance of the firm version of the respondents on the said issue. Further the findings of the District Forum that the supply of sugar if at all delayed was for valid and obviously for good reasons, and there is not the least fault on behalf of the respondents, is equally impeccable and remained beyond the pale of any serious challenge on behalf of the appellants. it seems wasteful to tread the same ground again and it suffices to mention that here we are in agreement with the reasoning and conclusion of the District Forum. For the fore-going reasons this appeal is without merit and is hereby dismissed. However, we decline to burden the appellant association with any costs. Appeal dismissed. _______________