Date of Filing : 06/03/2017                                                      Date of Order : 20/03/2017

Smt. Runa Ganguly, Member.

Order No.3, dated 20/03/2017.

         Today is fixed for order as regards the admission of complaint.

         The Complainant files hazirah through Ld. Agent.

        Sri Subhajit Kundu, being the Director of Subham Hospital and Diagnostic Centre Pvt. Ltd. has filed the instant complaint against New India Assurance Co. Ltd. & Others.

   It reveals from the case record that the complainant purchased one Hitachi Used MRI System AIRIS II machine from Proforma OPNo.3 on 12.06.13 at a price of Rs.1,06,99,999/- and installed the machine for MRI for its own patients for early and better diagnosis.  The Complainant in his complaint has mentioned that his family and the family members of others are being maintained with the income of the said hospital.

         Therefore, as per the complaint, the Director  of Subham Hospital and Diagnostic Centre Pvt. Ltd. and the family members of others are being maintained from the income of the said machine.  The MRI machine was insured with the OP No.1 and 2 and the Complainant had to make expenses of Rs.19,69,750/- for its repair and to that effect the Complainant has filed the instant case for compensation of Rs.19,69,750/- alongwith its interest.  The family of the Complainant and his employees are being maintained with the income of the said hospital.

       The Ld. Agent for the Complainant has cited a case decision reported in 2016(3)CPR 323(SC) wherein Hon’ble Apex Court held Section 2(1)(d)-Consumer-a person who buys goods and uses them himself exclusively for the purpose of earning his livelihood, by means of self-employment is within the definition of the expression “consumer”-Whether a person would fall within the definition of the “consumer” or not would be a question of fact in every case.  We do admit that the observation of Hon’ble Apex Court but from the recital of the Complainant, it is evident to us that the Director  of Subham Hospital and Diagnostic Centre Pvt. Ltd. and his staff are being maintained with the income of the said MRI machine.  The MRI machine was purchased at a consideration price of Rs.1,06,99,999/-. 

         Therefore, it cannot be stated that the MRI machine was actually purchased for the livelihood of the Complainant.  It was purchased not only for himself but also for others.  Therefore, the said machine was purchased for commercial purpose. 

      As such, Consumer Forum has no jurisdiction to try such type of case.  Accordingly, the Complaint is not admitted for further proceeding.  However, the Complainant is at liberty to withdraw the complaint.