This Appeal, by the Complainant, is directed against the order dated 31.07.2017, passed by the Chhattisgarh State Consumer Disputes Redressal Commission at Pandri, Raipur (for short “the State Commission”) in Complaint Case No. CC/2016/71.  By the impugned order, the State Commission has dismissed the Complaint on the sole ground that since the vehicle in question was purchased by the Complainant in the name of a Partnership Firm, namely, Shree Krishna Motors, the same was purchased for commercial purpose and, hence, the Complainant was not a ‘consumer’ within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986.

Since the Complaint has been dismissed on the afore-stated short ground, we deem it unnecessary to narrate the facts, giving rise to the filing of the Complaint, leading to the present Appeal.   

Having heard Learned Counsel for the parties and perused the documents on record, including the pleadings and evidence filed by both the parties, we are of the opinion that in the light of the decision, dated 08.07.2016, rendered by a Larger Bench of this Commission in Crompton Greaves Ltd. & Anr. v. Diamler Chrysler India Pvt. Ltd. & Ors., IV (2016) CPJ 469 (NC), the impugned order cannot be sustained.

As noticed above, the sole factor, which has weighed with the State Commission to non-suit the Complainant, is that the vehicle had been purchased in the name of a Firm and, therefore, it was purchased for commercial purpose.  In the light of the clear parameters laid down in the order to determine whether the vehicle was purchased for commercial purpose or for personal use of the Director or the Partner, as the case may be, in view of clear averment in the Complaint that it was purchased for the personal use of the Partner, and there being no material on record to the contrary, the reasoning by the State Commission is erroneous.

Consequently, the Appeal is allowed; the impugned order is set aside; and the matter is remitted back to the State Commission for adjudication of the Complaint on merits.  The Complainant shall be entitled to costs, quantified at ₹15,000/-, which shall be shared equally by all the three Respondents.  The costs shall be paid before the State Commission.

The parties/their Counsel are directed to appear before the State Commission on 12.07.2018 for further proceedings.

The Appeal stands disposed of in the above terms.