Today is fixed for admission hearing.

Perused the complain petition. Hd. for the complainant. Council of the complainant submitted, present complainant purchased some goods/materials from the OP amounting of Rs.8,10,000/- (eight lakh ten thousand) but product as supplied were substandard. Hence he suffered loss and he being the consumer is entitled to get return of the amount as paid by, with compensation and litigation cost.

Now on perusal of the complaint petition we the commission find that this complainant filed the same complaint on self-same cause of action and against self-same OPs with self-same documents bereft of lawyers notice which was not admitted by this commission on 28/04/2022 (complaint petition filed on 18/04/2022 as per filing register of this office) with a final order that But on careful perusal of the documents on record as filed by the complainant no invoice is found particularly in the name of this complainant, rather a Bank statement is found in the name of Laxmi Enterprise of Bangiya Gramin Vikash Bank, Malaptipur Branch. The specific name “Laxmi Enterprise”is a business enterprise hence commercial in nature. It does not mean that it earns it’s livelihood by way of self employment. Moreover we don’t find any connection with the complainant and the Bank statement filed. Considering this point of view this complainant is not considered a consumer as his business is for commercial purpose.  Hence the case is not admitted. 

….................Accordingly when once-upon-a-time this commission passed it’s view on 28/04/2022 and considered this transaction in between complainant and OP as commercial one (which is Barr under Consumer Protection Act) hence self-same commission has no authority/power to entertain this petition dated 20/06/2022 under same cause of action and in between same parties, until the order passed on 28/04/2022 (at previous case) is annulled by the higher forum/commission.

Hence the complain petition dated 20/06/2022 is not admitted.

Complainant is directed to take proper recourse to law.