28.10.2024
Present: Sh. Yadwinder Singh, complainant in person.
Heard. We have perused the complaint as well as the documents placed on the file. There are sufficient grounds in the complaint to be proceeded with. Hence, the complaint is admitted subject to all just exceptions. Notice of the complaint be issued to the opposite party for 21.11.2024
Member Member President
28.10.2024
Present: Complainant in person.
I do not agree with the above said majority order for issuing notice to the OP. The said order is totally illegal as the complainant is not a consumer at all as per the definition of consumer given in the Section 2(7) of the C)A, 2019.
“Consumer means any person who-
(I) buys any goods 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 user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) 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 service other than 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 service for any commercial purpose.
Explanation- For the purpose of this clause,-
(a) the expression “commercial purpose” does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self- employment;
(b) the expression “buys and goods” and “hires or avails any services” includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-
level marketing;
As per the definition mentioned above the complainant has not bought any goods for a consideration or has hired or availed of any service for a consideration. The Ld President and the Lady Member does not know even the definition of the consumer as mentioned above. It is a miscarriage of justice that the complainant who is not a consumer has filed the complaint and the Ld President and the Ld Lady Member has issued the notice to the OP.
In view of the above, I reject the present complaint.
Member
28.10.2024
Present: Sh. Yadwinder Singh, complainant in person.
The file was taken up on 28.10.2024 by the President himself. I have gone through the complaint as well as the documents placed on the file. The complainant has not purchased any goods or has not availed any service from the OP. As per Section enumerated by the Ld Member the consideration must pass to enable the complainant to be a consumer. Since no consideration has passed so the complainant is not a consumer. Hence the present complaint is rejected.
Member
