CC: No.164/2017

Dated:22.2.2017

ORDER

Heard the arguments on admission. Perused the complaint and its annexures.

The complainant is the M.K.Retail company  a registered partnership firm doing its business at various parts of Bengaluru. The complainant states that, as per the service level agreement entered into between the complainant company and the O.P.  The complainant has availed the services from the O.P. Further states that due to break down for the internet service provided by the O.P the O.p failed to resolve the problems at the earliest and hence the complainant company sustained loss in their business as the business completely dependent upon the instructions given through internet service for the purpose of movement of goods and pricing.  Hence alleged that complainant’s company incurred loss of Rs.10.76,000/- due to poor service of the O.ps. Hence this complaint.

It is worth to note that, as per the saying of the complainant itself, the complainant is not a potential consumer and it is a company and doing its business depending upon the service of the O.P.  The main allegation of the complainant is that due to poor service complainant company sustained loss to an extent of Rs.10,76,000/-. Under the circumstances, the matter involves enormous evidence is to be record to ascertain the fact loss sustained due to poor service of the O.P and it is not possible in the time bound proceeding to record the voluminous evidence. Hence the complainant ought to have approached the competent Civil Court to redress his grievances.

 Furthermore, on perusing Section 2(d) (2) of the Consumer Protection Act 1986 it reads as under:-

“Consumer means any person 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 the service of the services for consideration paid or partly paid and partly promised or under any system or deferred payments, when such services are availed of which the approval of the first mentioned person.

Commercial purpose does not include used by a consumer goods /services / and used by him exclusively purpose of earning his livelihood by means of self employment.

 It is worth to note that, nowhere in the complaint the complainant stated that doing the business for his self employment  for the purpose of earning livelihood. Hence we reached to conclusion that the subject matter involved in the above case not come under the domain of the Consumer Protection Act.  Under the circumstances we hereby order to return the complaint to the complainant with a liberty to file before the competent Civil Court to redress his grievance.  Accordingly the complaint is disposed-off.