Case is fixed to-day for hearing. Advocates for both parties are present. Heard. Perused the case record along with relied documents filed by the parties. The instant consumer complainant has been filed by the Complainant praying for direction to not to repossess the vehicle bearing Regd. No. OD-14H-8717 along with other reliefs.

     That the Opposite Party SREI Equipments Finance Ltd is a body corporate, constituted, registered under the Companies Act-1956. The Complainant approached the Opposite Party for financial assistance and wanted to enter in to a Loan-Cum-Hypothecation agreement with the Opposite Party. That after being satisfied with the terms and conditions of the finance Company, the complainant purchased several commercial vehicles with the financial assistance f the OP.

      That, the Complainant and his “Company himself is possessor of 27 (twenty seven) numbers of commercial vehicle/construction heavy equipment/machines excluding 06 (Six) Numbers of other commercial vehicles are registered in the name of other directors i.e. his brother & father. Hence in total the complainant having possessing/full control over 33 (Thirty three) numbers of heavy goods Transport Commercial vehicles/construction heavy equipment/machines. That the complainant in order to avoid the legitimate dues of the Opposite parties has filed the instant case. That the Complainant does not come under the definition of “Consumer” as provided u/s.2(1)(d)(i) and (ii) of the Consumer protection Act and the relationship between the complainant and the OPs are that of Borrower and the Lender. As such no Consumer dispute arises between the parties. It is further evident that the vehicles are being used for the purpose of commercial gains which denote that the said vehicle was purchase and being used for the commercial purpose and not for earning of the livelihood of the complainant.

      The Consumer Protection Act, 1986 in Section 2(d) defines the word “Consumer” as under:

(d) “consumer” means any person who-

(i) buys any goods for a consideration which has been paid or promised or partly paid and party promise, or under any system of deferred payment and includes any user of such goods other then the person who buys such goods for consideration paid or promised or partly promised, or under any system of such person, but does not include a person who obtains such goods for resale of for any commercial purpose; or

(ii) hires or avails of any services for consideration which has been paid or promised or partly paid and partly promised, or under any stem of deferred payment and includes any beneficiary of such services other then the person who ‘hires or avails of the services for consideration paid or promised, or partly paid any 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 purposes;

     In the present case it is clear that several vehicles has been purchased and being used for commercial purpose by the Complainant. Hence, there is not element of “self-employment” involved in the modus of the complainant (in buying a commercial vehicle/truck and getting the same to be plied by a hired professional driver and enjoying the profit of the transportation business). Thus the said consumer complainant is not maintainable. Accordingly C.C. is disposed off.