Order no.3               Dated:17.04.2023

Ld. Advocate for the complainant is present. The case is taken up for admission hearing.

The complainant Ferrovia Tech Pvt. Ltd. filed the instant complaint against M/s Bhavya Machine Tools LLP on an allocation that the complainant company has purchased one Flat Bed CNC Lathe Machine (Model no. CK6140B with GSK980 TC3 Controller) for the purpose of manufacturing various machine parts which are to be supplied to the Indian Railways by the complainant company. The said machine purchased by the complainant on payment of consideration of Rs.13,27,500/-(Rupees thirteen lakh twenty seven thousand and five hundred) only in total partly by cash and the rest vide term loan. Since installation of the machine it started malfunctioning. It reveals the same was however old and must be a second hand machine. In spite of repeated calls the opposite party till date did not replace the same. Hence this case.

It is apparent on the face of record that the complainant company runs a business of selling machinery parts to the Indian Railways and for manufacturing of such machinery parts. The complainant company purchased the aforementioned Lathe Machine from the opposite parties. Therefore the said Lathe Machine is involved in the money generating process of the business of the complainant.

In course of hearing Ld. Advocate for the complainant frankly admits that the complainant cannot be treated as a consumer in terms of section 2(7) of the Consumer Protection Act, 2019 as said Lathe Machine is being used commercially by the complainant.

Therefore, the instant case cannot be admitted.

Hence, it is

O R D E R E D

that the complaint case be and the same is dismissed without cost.