Maharashtra

StateCommission

A/12/323

MR PRADEEP R TANNU - Complainant(s)

Versus

AIRTEL COMPANY - Opp.Party(s)

IN PERSON

30 Sep 2013

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/12/323
(Arisen out of Order Dated 14/02/2012 in Case No. 275/2009 of District Pune)
 
1. MR PRADEEP R TANNU
PROP P R ENTERPRISES SHOP NO 3 SHWETA APARTMENT LOWEINDIRANAGAR BIBVEWADI PUNE 411037
PUNE
MAHARASHTRA
...........Appellant(s)
Versus
1. AIRTEL COMPANY
SHANKAR SHETH ROAD PUNE 411004
PUNE
MAHARASHTRA
2. ROYAL COMMUNICATIONS
OLD ADD SHOP NO B-11 KONARK VIHAR CHAVAN NAGAR DHANKAWADI PUNE 411043 NEW ADD MULIK PATIL DEVELOPERS NR RAMWADI JAKATNAKA NEXT TO POORNIMA HOTEL YERAWADA PUNE
PUNE
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'ABLE MR. JUSTICE R.C.Chavan PRESIDENT
 HON'ABLE MR. Dhanraj Khamatkar Member
 
PRESENT:
Appellant in person
......for the Appellant
 
None for respondent
......for the Respondent
ORDER

Per Hon’ble Mr.Justice R.C.Chavan, President

This appeal is directed against the order dated 24/02/2013 passed by the District Forum, Pune rejecting the appellant’s complaint before it holding that the appellant was not a “consumer” as defined in section 2(1)(d) of the Consumer Protection Act, 1986. We have heard the appellant in person.

Complaint filed before the District Forum itself begins with the words that the appellant was a ‘Retail outlet by name M/s.P.R.Enterprises’ from which a bunch of the recharge vouchers of the respondent company was stolen.  The appellant was obviously selling those recharge vouchers to the consumers.  Contention of the appellant that he is a self employed person and the goods bought and used by him were exclusively for the purpose of his earning livelihood by means of ‘self employment’ has to be rejected since in this case, the appellant was using those recharge vouchers for selling them to the consumers and not to recharge his own mobile phone.  He was in the business of selling the recharge vouchers to other consumers and, therefore, the order passed by the District Forum does not require interference by this Commission.  Appeal stands rejected.

 

Pronounced on 30th September, 2013.

 

 
 
[HON'ABLE MR. JUSTICE R.C.Chavan]
PRESIDENT
 
[HON'ABLE MR. Dhanraj Khamatkar]
Member

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