Per Sh. RakeshKapoor, President
The present complaint is bound to be dismissed on the
threshold. The complaint has been filed in the name of
Associated Trading Company Pvt. Ltd
The complainant is a company incorporated under the
provisions of Indian Companies Act. It had obtained a
water connection from the OP for its use. The
complainant company had thus obtained the services of
the OP for commercial purposes.
The complainant, therefore, does not qualify as a
‘consumer’ within the provisions of section 2(1)(d)
of the Consumer Protection Act, 1986.
A similar view was taken in the case of
National Dairy Research Institute (Deemed
University) v. Sheldon Manufacturing Inc. &
Ors, II (2013) CPJ 275 (NC), wherein the
Hon’ble National Commission held as under :
“The requisite machine was purchased
for commercial purposes only.
Purchase of a machine by an institute
cannot come within the term “services”
availed by the petitioner, i.e.
Institute, exclusively, for the
purpose of earing its livelihood, by
means of self-
employment.”
In the case of Same
Fine O Chem Limited v. Union Bank of India, III
(2013) 490 NC, the Hon’ble National Commission
held as under :
“Para 6...............The complainant is a
limited company and not an individual,
therefore, it cannot be said that the
services of OP were availed by the
complainant for earning of his
livelihood by means of self-
employment. Thus, in our view, the
complainant does not fall within the
definition of ‘consumer’ given under
Section 2(1)(d) of the Consumer
Protection Act, 1986. On our
aforesaid view, we find support from
the order dated 22.08.2003 of four
Members Bench of this Commission in
O.P. No.174/2003 titled M/s Leatheroid
Plastics Pvt. Ltd. v. Canara Bank.”
In the case of General Motors India Pvt Ltd V/s G S
Fertilizers (P) Ltd & Anr I appeal no. 723/2006
again a similar view was taken by the National
Commission. This was followed in the case of
BELMAKS SOLUTIONS PVT LTD V/S SKODA AUTO INDIA PVT
LTD AND ANR Ist appeal no 07 of 2013.
Consequently, we hold that the complaint is not
maintainable, the same is hereby dismissed.
A copy of this
order be made available to both the parties
free of cost as per law.
File be consigned to R/R.
Announced in open sitting of the Forum on_____________
