ORDER

SH. RAJESH, MEMBER

1. By this order we will be deciding the admissibility of present complaint filed before us.
2. Present complainant has been filed by complainant alleging deficiency in services against the failure of the Opposite Party to deliver the booked motorbike by the complainant with the Opposite Parties.  
3. In his complaint the complainant has stated that on 05.06.2022 he booked a brand new RV 400 Mist Grey Motorbike of the Revolt Motors Company. A booking amount of Rs. 9,999/- was paid by complainant to OP as booking amount. Complainant has further stated that he wanted to gift this motorbike to his younger brother. Complainant has further stated that there was waiting period of three months for delivery of the said motorbike. Complainant has further submitted he waited for three months but he didn’t receive any communication from OP.
4. Complainant has further stated that he wrote E mails to OP to cancel the booked motorbike by him but no help was provided by OP to complainant. Hence complainant has preferred this complainant praying direction to OP to refund booking amount along with compensation of Rs. 1,00,000/- and costs in this behalf.
5. In order to admit the present complaint we have to decide whether present complaint is admissible / maintainable as per the provision of C.P. Act. 2019. 
6. A preliminary issue in the present complaint arises before us is whether failure of Opposite Parties to deliver the booked / ordered bike to complainant despite receiving the booking amount for the same is a consumer dispute and whether complainant is a consumer in the present complaint.  We have to decide whether by merely booking a commodity and paying a booking amount, a purchaser is a consumer within C.P. Act, 2019.
7. We have carefully examined the contentions raised by complainant in his complaint and heard the complainant on the aspect of admissibility of present complaint.
8. As per the averments made in the complaint it is transpired that complainant ordered / booked a Revolt Electric Bike RV400 with the OPs by paying booking amount of Rs. 9,999/- to OPs in the name of his younger brother Kush Luthra i.e. to gift the same to his younger brother Kush Luthra.
9. In this regard, we find it appropriate to quote the definition of 'consumer' as defined under section 2(7) of the C.P. Act, 2019 which runs 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 (ii) hires or avails of any service 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 beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.

10. Since in every consumer dispute there is an express or implied contract between the consumer and seller of goods or service provider as the case may be. It is pertinent to mention here that an advertisement or exhibition of goods displayed for sale by a seller to general public or prospective consumer is not an offer of sale but is mere an invitation to offer. As per the averments made in the complaint booking of a bike of particular model in our considered opinion is mere an offer to purchase the same which is subject to acceptance by the seller. If the same accepted by the seller than it would become an agreement. In the present case apparently before acceptance of the offer of complainant by the seller i.e. the OP, the complainant revoked his offer by sending a request to cancel the booking and refund his booking amount to OP.  Hence no contract as per Indian Contract Act, 1872   has been concluded between the parties. For this reason the complainant who is only an proposer in the present case is not a consumer within the definition of Consumer Protection Act, 1986. 
11. The complainant has also filed with his complainant status of booking which shows “Your refund is under process” that too in favour of some “Kush Luthra”. It appears that subject motorbike has been booked in the name of “Kush Luthra” and not in “Luv Luthra”. Complainant has failed to establish his locus standii to file present complaint. On this account also in our considered opinion present complaint is not maintainable to be adjudicated before us.
12. As the complaint filed by the complainant in our considered view does not pertain to a consumer dispute and locus standii of the complainant is not clear therefore present complaint is not maintainable before us under the C.P. Act, 2019 and hence same is rejected at the stage of admission itself.

Copy of the order be sent to the complainant free of cost. Order be uploaded on www.confonet.nic.in. File be consigned to Record Room. Announced in open Commission  on 17.04.2023.

(SANJAY KUMAR )                  (NIPUR CHANDNA)                (RAJESH)

   PRESIDENT                                        MEMBER                       MEMBER