ORDER’s ON PRELIMINARY POINT

1)     The complainant filed this complaint against OP U/Sec. 35 of CP Act, stating that the OP has sent defective machine to the complainant. After taking the price of the defective machine Rs. 23,60,000/-  and as a result the complainant suffered loss and prays to refund the amount of Rs. 23,60,000/- by accepting the machine with 18% interest.

2)     The OP filed preliminary objection to the complaint stating that this Commission has no jurisdiction to entertain the matter and stated that the complainant is not a consumer of the OP and the said Consumer definition not attracts to the complainant of the said machine is purchased for the Commercial purpose. The complaint is filed by the 3^rd party and prays to dismiss the complaint.    

3)     Heard the OP arguments. The complainant and his advocate remained absent and not advance their arguments. This Commission framed preliminary order sheet dtd: 13-09-2022.  

4)     Now, the point arises for our considerations are as under:

5)     Our findings to the above points are as under:

R E A S O N S

6)     Point No: (1) :- Looking to the complaint the complainant has stated in his cause tittle as a business man and complainant purchase the machine for the commercial purpose and the entire commercial transaction took place in the Vadodara and no transaction took place within the jurisdiction of this commission and the said complainant as nowhere stated in his complaint that he purchased the said machine for his livelihood and the said fact shows that the machine was purchased for commercial business.

Consumer Dispute “Meaning of “ – The definition of “Consumer Dispute” as contained in Section 2 (7) of Consumer Protection Act, 2019 clearly shows that, “Consumer Dispute” means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint.

Who is a “Consumer” Definition – “Consumer” means any person who –

1. 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
2. (ii) Hires or avails of any services 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 services 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 services for any commercial purpose.

Explanation –

For the purposes of sub-clause (i) – “Commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purpose of earning his livelihood, by means of self-employment.

 7)    So looking to definition of Consumer given in C.P. Act, 2019 as stated supra, transaction in between complainant and OP is for the business purpose. Looking to facts and circumstance of the case and documents produced by both parties it appears that the complainant is not consumer of OP and this Commission can no entertain the matter. With this opinion we answer this point No.1 in the Negative and pass the following order: 

O R D E R

1)     The complaint filed U/Sec. 35 of C. P. Act 2019 is dismissed as not maintainable and preliminary points.   

2)     No order as to costs.

3)     The complaint of the complainant is approach the appropriate authority for redressal of his grievances.