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Judgment
THE appeal is directed against the order of the District Consumer Disputes Redressal Forum, Salem dated 22.7.93 in O.P. 82/92. THE opposite party is the appellant.
THE complainant who is an agriculturist has taken 4 bags of cotton weighing 2.25 quintals to the opposite party for sale. He was allotted number 612 and his cotton bags were weighed. According to the complainant the first 3 bags weighed 1.72 quintals but the writer wrongly noted it as 72 kilos. THE 4th bag weight is 57 kilos. THEre was deficiency in weight. He therefore claimed the value of the cotton in respect of the deficiency in weight. The opposite party contended that the first 3 bags weighed only 0.72 quintals and not 1.72 quintals. The total weight of the 4 bags 1.25 quintals and deducting 4 kilos for the weight of 4 bags, the complainant was paid for 1.25 quintals.
The District Forum did not accept the case of the opposite party. It held that the complainant had brought 2.25 quintals and directed the opposite party to pay the price amount of Rs. 6,905/- and costs of Rs. 500/-. Hence this appeal.
THE first question which arises for consideration is whether the complainant is a consumer within the meaning of Section 2(1)(d)(ii) of the Consumer Protection Act. THE complainant has brought his cotton bags to the opposite party for sale. THE opposite party which is a cooperative society has purchased the cotton. THE dispute is with reference to the weight. This is purely a case falling within the Sale of Goods Act. This opposite party in purchasing the cotton of the complainant cannot be said to have rendered any services for any consideration. It has only purchased the goods from the complainant. THE case does not fall within the ambit of the C.P. Act and there is no consumer dispute. This aspect of the matter has not been considered by the District Forum. On merits too, we do not find any ground in favour of the complainant. Exh. B4 is the list for payments made on that day i.e. 23.2.92. The original register has also produced before us. Admittedly, the complainant''s No. is 612. Exh. B4 shows that he brought 4 bags and the weight is 1.25 quintals after deducting 4 kilos for the weight of 4 bags. There is no reason to cast any aspersion on this document maintained by the opposite party. It may also be pointed out that the complainant has accepted the price for 1.25 quintals and has subsequently has raised this claim. On facts also the complainant cannot succeed.
IN the result, the appeal is allowed, the order of the District Forum is set aside and the complaint is dismissed, but without costs throughout. Appeal allowed.