The matter was taken up for admission hearing on 16.02.2024 when the Ld. Advocate of the complainant advanced arguments.
Upon perusal of the complaint petition annexed with documents and more specifically the letter dated 22.08.2023 by the complainant, it got unfolded that the petitioner is representing a builder & contractor firm which placed a work order on the OP company for supply and installation of a automatic lift cum elevator at one of their work sites to construct a 4 storied building. It is also the admitted position of the complainant that the services of the OP company was requisitioned for one of their projects to enable the prospective buyer to purchase the multiple flats situate in the said building.
For deciding this, we would first refer to the very wide definition of word ‘consumer’ u/s 2(7) (ii) of the Consumer Protection Act 2019 quoted as under :-
“consumer’ means any person who : -
- 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 services other than the person who hires or avails of the services for consideration paid pr promised or partly paid or partly promised, or under any system of deferred payment made when such services are availed or with the approval of the first mentioned persons, but does not include a person who avails such services for any commercial purpose.
In the case in hand it is the first and foremost duty of the complainant to satisfy the commission at the very outset that he/she is a consumer and purchased goods or hired and availed of services from the seller or service provider. Moreover, the person who has hired or availed of service for any commercial purpose can’t be termed as a consumer. In the instant case, the complainant is not only in a builder in a housing construction sector, but also engaged in the activity of taking services at the instant worksite where he or his company is engaged in commercial activities.
The complainant is running the construction business solely for commercial purpose and taken the services at the place of their commercial activities. Therefore it is apparent that the complainant does not qualify as a ‘consumer’ as per definition of the Consumer Protection Act 2019. Having regard to the aforementioned observation, we therefore, hold that the present Complainant is not a consumer within the meaning of Section 2(7)(i) and (ii) of the Act.
The reference as cited by the Ld. advocate in another matter wherein the case was admitted at another district commission has no applicability here, since the referred complaint petition is standing upon a different factum and there is no reflection in that order that complainant was engaged in any commercial activity.
Hence we are not inclined to and accordingly the complaint case is hereby not admitted.
However, liberty is given to the Complainant to take recourse of such other remedy as available under law.
Let a plain copy of this order be given to the parties free of cost as per CPR.
