| Complaint Case No. CC/86/2023 | | ( Date of Filing : 05 Sep 2023 ) |
| | | | 1. Sri Joy Singha | | S/O- Lt Surya Kr Singha , Permanent R/O- Pipal Pukhuri, P.O-Lanka, P.S- Lanka, Pin-782446, Dist-Nagaon, Assam |
| ...........Complainant(s) | |
| Versus | | 1. Pooja Tentgoods Suppliers Pvt Ltd , Managed by its Managing Director | | G-695, Kamla Nagar, Balkeshwar , Near Union Bank , Agra-282004, Uttar Pradesh , India | | 2. Shri Tushar Agarwal , Group Director of Pooja Tentgoods Suppliers Pvt Ltd | | Office Address-G-695, Kamla Nagar, Balkeshwar , Near Union Bank, Agra-282004 , U.P, India & other address- 39-A, Hathras Road , Gulab Nagar, Naraich , Agra, U.P-282006 | | 3. Shri Akash Agarwal , Group Director of Pooja Tentgoods Suppliers Pvt Ltd | | Office Address-G-695, Kamla Nagar, Balkeshwar , Near Union Bank, Agra-282004 , U.P, India & other address- 39-A, Hathras Road , Gulab Nagar, Naraich , Agra, U.P-282006 | | 4. Shri Arpit Garg , Group Director of Pooja Tentgoods Suppliers Pvt Ltd | | Office Address-G-695, Kamla Nagar, Balkeshwar , Near Union Bank, Agra-282004 , U.P, India & other address- 39-A, Hathras Road , Gulab Nagar, Naraich , Agra, U.P-282006 | | 5. Shri Deepak Agarwal , Group Director of Pooja Tentgoods Suppliers Pvt Ltd | | Office Address-G-695, Kamla Nagar, Balkeshwar , Near Union Bank, Agra-282004 , U.P, India & other address- 39-A, Hathras Road , Gulab Nagar, Naraich , Agra, U.P-282006 |
| ............Opp.Party(s) |
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| Final Order / Judgement | Learned counsel for the complainant is present and heard. Perused the complaint petition wherefrom it appears that complainant is a contractor by profession who used to supply various goods to the government and other organizations. The matter of dispute pertaining to supply of 5,000 pieces of National Flag of one time in certain conditions to reach the location at Lanka district at Nagaon before 10th August , 2023. The matter is pertaining to supply of goods to the complainant by the opp.party at certain price and certain places, and complainant have already paid the amount of the items by e. payment, but the opp.party have failed to supply the articles on time as alleged. As those were received at Guwahati on 14th August 2023 instead of 12th August 2023. But without going through the contents of the petition we have taken note of the fact that the whole transaction was a business transaction and the supply of goods and articles is not covered under the definition of consumer as per Section 7(i) of Consumer Protection Act, 2019 which read as under and consumer means:- “ who 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 ;” Since the matter is referring to supply of goods to the complainant by the opp.party for a commercial purpose the petition filed before this commission is found without jurisdiction and as complainant is not a consumer as per Consumer Protection Act, 2019. Accordingly, petition is dismissed. | |
