Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

     This appeal takes an exception to an order dated 12.04.2010, passed in Consumer Complaint No.143/2009, Sanjay Laxman Patil V/s. G.E. Commercial Finance & Anr., by District Consumer Disputes Redressal Forum, Raigad (‘Forum below’ in short).

     Admittedly, the Appellant/Complainant had taken finance from Respondent/original Opposite Party No.1 to buy a vehicle – Ghoda with trolly and same was taken for his business.  It is his grievance that Respondent – Financial Company provided loan only for Ghoda and not to attached trolly.  Thereafter on 05.03.2008 Respondent/Financial institution forcibly taken into their possession above referred vehicle, i.e. Ghoda and trolly. Action on the part of Respondent Financial institution was objected saying that trolly was not taken through their finance.  Therefore, the consumer complaint was filed with the relief to take possession of vehicle Ghoda with trolly, compensation of Rs.1,50,000/- for repairs of the said vehicle and other compensation @Rs.50,000/- per month and interest  @ 15% per annum on amount of Rs.4,50,000/-, Rs.30,000/- were claimed towards cost.  Forum below after hearing both the parties found that Appellant is not a Consumer and dismissed the complaint.  Feeling aggrieved thereby this appeal is filed.

     Appellant/Original Complainant remain absent though the date was taken as per his convenience.  In the given circumstances, we heard Ld. Counsel for the Respondent and perused the record.

     We have gone through the contents of the appeal compilation, viz.Exhibit-5.  Consumer is defined in Section 2(1)(d) of Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’).  The relevant definition of consumer is defined u/sec 2(1)(d)(i) of that Act.  We have seen that as per statement made in consumer complaint the vehicle was purchased for this purpose.  To come out of the later part, viz. “but, does not include the a person who obtains such goods for resale or for any commercial purpose” it is for the Complainant to make out a case that it falls within the explanation of said section.  If a Complainant wants to claim any exception, it is for him to claim the same by pleading necessary facts.  Since, no such case made out by the Complainant, it clearly falls within the mischief of above referred provision and it is to be held that he is not a Consumer within the meaning of the Act.  Impugned order passed by the Forum below is just and proper and thus, we find the appeal filed by the original Complainant is devoid of any substance and hence, pass the following order:

O  R  D  E  R

Appeal stands dismissed with no order as to costs.