Order no. 3             30.11.2022

Ld. Advocate for the petitioner/opposite party is present.

Ld. Advocate for the complainant is also present and files written objection.

Copy served.

The Misc. Application dated 09.02.2022 is taken up for hearing along with its objection.

Perused. Considered. Heard both sides.

Ld. Advocate for the petitioner/opposite party submits that the complainant is  not a consumer within the meaning of as defined  under section 2 (7) of the Consumer Protection Act, 2019. Moreover, the complaint petition suffers from non- joinder of necessary parties. Therefore,  the complaint case no. 138/2021 is liable to be rejected.

In reply Ld. advocate for the complainant submits that the dispute between the  complainant and the petitioner/opposite party is a consumer dispute within the scope and ambit of the Consumer Protection Act, 2019 as amended up to date as such the instant Misc. Application challenging the maintainability of the complaint case is liable to be rejected in limini.

It appears from the complaint petition of CC/138/2021 that the complainant is ‘M/S Sen Brothers Pvt. Ltd.’ is a company incorporated under the provisions of the  Company Act, 1956. The complainant  as per work order dated 04.02.2019, handed over the consignment i.e. one cartoon box containing goods value at Rs.73,565/- only having its total weight 7 (seven) k.g. a little more or less to the opposite party for its delivery to one retail optical shop namely ‘Spex and Shade’ located at opposite Plaza Bakery, Nyamo Lotha Road, Dimapur, Nagaland – 797 112.

The consignment was handed over to the opposite party on 24.04.2019 for delivery to ‘Spex and Shade’ at Nagaland.

From the averment in the complaint, it is crystal clear that the complainant hired or availed the service of the opposite party for commercial purpose.

Section 2(7) of the Consumer Protection Act, 2019 (35 of 2019) has come to effect on and from 20.07.2020. Whereas  section 2(d) of the Consumer Protection Act, 1986 was amended by Amendment Act, 1962 of 2002 with effect from 15.03.2003 by adding the words ‘but does not include a person who avails of such service of any commercial purpose’ in the definition of Consumer.

In view of the above discussion it is crystal clear that if any service of carrier is availed of for any commercial purpose, the person availing such service will not be a Consumer under the provision of the Act and such complaint will not be maintainable in law and in its present form.

Therefore,  it is apparent on the face of the record that the complainant ‘M/s Sen Brothers Pvt. Ltd.’ in CC/138/2021 is not a Consumer within the meaning of the consumer as mentioned in the Consumer Protection Act. As such the complaint case is not maintainable in law.

Thus the Misc. Application filed by the petitioner/opposite party is allowed on contest but without cost.

The Misc. Application is disposed of.