Delhi

East Delhi

CC/658/2022

GLOBAL JURIX LLP - Complainant(s)

Versus

FLIPKART INDIA PVT. LTD. - Opp.Party(s)

31 Jan 2023

ORDER

Present:-       None

By this order the Commission would dispose off the issue w.r.t. jurisdiction of this Commission in entertaining the present complaint that has been filed by a Law Firm inter-alia stating that the firm purchased 35 laptops from the website of the OP, in the month of October 2022 for the office use of the complainant out of which 14 laptops were not upto the mark and were defective and various complaint were lodged  but of no consequences as such complainant demanded the money back from the OP and given legal notice on 02/04/2022 but of no consequence and as such it is alleged that there is deficiency in service on the part of the OP in supplying the defective laptops. It is interalia prayed that OP be directed to refund an amount of Rs. 1,44,150/- along with compensation of Rs. 5 Lakh and litigation charges. Complaint has been filed by one Sh. Kodamla Danielu claiming to be the authorized representative of the complainant company by way of Resolution. The Resolution of the complainant has also been attached. Commission has enquired that since complainant is a body corporate and has  purchased 30 laptops, in the name for company for the purpose of its office use as mentioned in the para 1 of the complainant, then how the present complaint is maintainable particularly in the facts and circumstances that the laptops has been purchased for the office/commercial purpose. The Ld. Counsel for complainant has argued that complaint is Law Commercial Firm and laptops have been purchased for the purpose of earning the livelihood of the complainant. This argument does not appear to be well found. The Section 2 of the Consumer defines consumer as follows:-

7) "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.........

 

In entire complaint there is no pleading that complainant who is body corporate is purchasing the product for earning his livelihood rather it has been specifically written that complainant has purchased the laptops for the purpose of its office use. Therefore, this Commission is of the opinion that complainant does not fall within the definition of ‘consumer’ and as such the present complaint is not maintainable before this Commission.  Complaint case is not maintainable and is dismissed.

File be consigned to record room.