ORDER

Present       :         Sh. Praveen Kumar Counsel for Complainant

Arguments on admission heard.  The complaint has been filed by M/s Krishna Udhyog (Proprietorship concerned) dealing with self adhesive paper, cbn grinding wheel, metal grinding wheel etc.  It is contended that complainant had booked 2C/Boxes (2 Rolls of 5650RA-F070 Reflective Tape 610 MM X 50 Mtr) through OP vide LR No.212419773 on 29.11.2021 to be delivered at Manesar (Gurugram).  However, consignee i.e. M/s Sumax Engineering Pvt. Ltd. did not receive the delivery of the Boxes and on 24.02.2022 it was informed to the complainant by the OP by email that since the consignee has refused to accept the delivery and they (OP) had sent multiple e-mails to the complainant but did not get any response and the shipments have been moved to unclaimed goods.  The Complainant has further stated that OP has informed on the same day that these consignments have been disposed off.  Aggrieved by this the Complainant has filed the present complaint before this Commission alleging deficiency in service by the OP firstly in not delivering the goods and secondly by disposing off the same without any information to the complainant.  Arguments were heard at length and it was enquired from Ld. Counsel for Complainant, that he obtained the service of OP for the commercial purpose/ activity as admitted, in the complaint, then as to how he would fall within the definition of Consumer as per Consumer Protection Act-2019. The question before this Commission is that whether the service in question were for the commercial transaction purpose or not.  From the facts of the case it is observed that the complainant is in business of supply of various self adhesive paper, cbn grinding wheel, metal grinding wheel etc. and these consignments also pertain to his business activity which is commercial in nature. 

Section 2(7) of the Consumer Protection Act-2019 defines ‘consumer’ as follows:-

7) "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.........

7) (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 and 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. 

Since, the service as hired by the complainant in question is for commercial purpose, this Commission is of the opinion that the complaint cannot be admitted in view of Section 2(7) of the CPA-2019.  The Complaint is therefore rejected as not maintainable before this Commission. 

File be consigned to Record Room.    

Copy of this Order be given Dasti to the Complainant.