J U D G E M E N T

1. This complaint is filed by the complainant under section 35 of the consumer Protection Act 2019, against the opposite parties for deficiency of service inter-alia harassment.
2. The complainant stated that on 30.05.2020 complainant bought online UPS Numeric 5kva with 28ah 16 batteries from opposite party Computer Heart  amounting to Rs 97,000/-( Rupees Ninety Seven Thousands) only  deposited in the accounts of opposite party bearing A/c No. 919020012726236 (Annexure-1).
3.  Then on 22.09.2020  after making several calls, message and request, the opposite party delivered only USP that too without battery. Whose actual cost is Rs 49,000/-( Rupees Forty Nine Thousand only) inclusive of GST 18%.( Annexure-II  A copy Tax invoice)
4.  The complainant also stated that opposite party did not deliver the battery of the UPS for the last seven months in spite of making several call , massages and request to the opposite party. (Annexure-III)
5. The the opposite party always makes an excuse that the goods have been stolen, sometimes strike in Assam and sometime courier is not taking or the shipping the goods.
6. On 30.11.2020 the complainant sent one of his friends, who is local boy of Guwahati to the shop of opposite party to enquire about the items and its delivery and also requested the opposite party to refund of the money, if the product is not available or unable to deliver but the opposite party did not return the complainant money.
7. The complainant stated that the opposite party after taking the complainant’s money started ignoring his calls and massages in lieu of delivering the purchased items.
8.  That the complaint having no other option filed a case before this Commission for granting compensation under the Consumer Protection Act, 1986.
9. The  inordinate delay in providing basic services and callous attitude of the opposite party despite multiple requests and reminders by the complainant caused major deficiency in service thereby causing hardship and physical and mental agony to the complainant.
10. Complainant’s prayers: The complainant has prayed for compensation of:-

1. Rs 48,000/- (Rupees fourty Eight Thousand Only) as a remaining amount from RS 97,000/- from the opposite party.
2.  Rs 2,00,000/- (Rupees Two Lakhs Only) being the compensation for causing the mental and physical agony & harassment to the complainant.
3. Rs 50,000/-( Rupees Fifty Thousands only) for causing disturbance in study & classes.

11.  Upon the notice, the Opposite party appeared and contested the present consumer complaint by filing its written statement, refuting the allegations leveled against them in the complaint. 
12. That the opposite party contents in their reply that the complaint is not maintainable both in law as well in fact of the case.
13. That the opposite contends that Complaint is bad for non-joinder of necessary parties, in as much as, the opposite party being firm has to be sued through its partners and the complainant has not made the partner of  the opposite party as party in the complaint.
14.  That the opposite party contends that complainant’s complaint is not maintainable, in as much as, there is no deficiency of service, latches and negligence on the part of the opposite party so as to call for interference by this Hon’ble Commission.
15.  That the opposite party contends that complainant had concealed the material facts and particulars in his complaint and have not approached this Hon’ble Commission with clean hands.
16.  That the opposite party categorically denied of unfair and deceitful act on their part and further denied of false promises on their part.
17.  That the opposite party in Para no.7 of their written statement have stated that that the statement and the averment made by the complainant in its complaint petition itself revealed that the complainant have received the deliveries of the USP Numeric batteries from the opposite party which is contradiction to the statement made in Para 3 of complainant’ petition. That the complainant have not annexed any documents to show that UPS Numeric 5kva & 28ah 16 batteries were purchased by the complainant when the order was placed rather as per phone conversation where the complainant agreed for Numeric batteries and or Enlova batteries and the complainant received the batteries being brought from the shop of the opposite party at Guwahati and the said batteries are still in the shop of opposite party.
18. The opposite further submits that due to the persistent request made by the complainant, the opposite party told the complainant that opposite part will try to arrange UPS numeric 5kva and 28ah 16 batteries without any commitment with a clear understanding, that if the opposite party fails to provide the same then the complainant would have take the batteries which were delivered to the complainant.
19.  The opposite party submits that due to the pandemic arising out of Covid-19 and due to frequent lockdown both in Assam and Arunachal Pradesh, the UPS with battery could not be delivered immediately it was only after the lockdown was lifted and the resume of the interstate transport the opposite party was able to delivered the UPS to the complainant which was duly received by the complainant to the full satisfaction.
20.  That the opposite party submits that in so far as the battery relating to the UPS is concerned the same was also delivered to the complainant and the complainant after receiving the same requested the opposite party to provide 28ah 16 Numeric batteries and requested the opposite party to take batteries which the complainant had received.
21.  That the opposite further submits that as per the desire of the complainant, the opposite party placed an order to the company at Chennia for the supply of 28ah 16 numeric batteries which took some time to reach the Guwahati due to the prevailing Covid situation. Then in the month of October 2020 the said order reached Guwahati but the same was stolen from the shop premises of the opposite party and that effect the opposite party lodged an FIR in Paltan Bazar Police Station( Annexure –(I)  A Copy of FIR)
22.  The opposite party submits that it is not due to the latches and negligence of the opposite party that 28ah16 batteries were not given to the complainant. Whereas the opposite state that after UPS was delivered to the complainant and as per the requirement of the complainant the batteries were also delivered and which was duly received by the complainant. Hence, the allegation made in Para 5 & 6 of the complainant’s petition is totally false.
23. The opposite party submits that as the UPS Numeric 5kva & 28ah 16 batteries were stolen from the premises of the opposite party the same was intimated to the complainant and told the complainant to take back the batteries which was given to the complainant earlier but the complainant have not taken the said batteries.
24. That the said batteries relating to the UPS which were delivered to the complainant are still lying in the shop of the opposite party and the complainant is always at liberty to take the same.
25.  The opposite party submits that after UPS was delivered, the batteries relating to the same was also delivered to the complainant. And further stated that it only upon the request of the complainant the opposite party agreed to provide UPS Numeric 5kva  28ah 16 batteries and further submits that since the UPS Numeric 5kva and 28ah 16 batteries being stolen and is not available with the opposite party asking the complainant to take back the batteries which were delivered with the UPS to the complainant but the complainant intentionally and willfully has not taken the batteries relating to UPS from the opposite party.
26.  That the opposite party state that there being no unfair trade and practices and deficiency of service on the part of the opposite party and further submits that complainant is not consumer as per section 2(d) of Consumer protection Act 1986, and as such the complaint may be dismissed.
27.  That the opposite party filed  additional documents .
28.  We have gone through the complaint, replies, rejoinder, written argument of the respective counsels and records carefully and thoroughly.
29.  The main issues which are required for determination in the case are:-
    1. Whether the present complainant is the consumer as defined under Consumer protection Act?
30.    The consumer protection Act,1986 defined the Consumer under section 2( d)  of the consumer protection act 1986 which lays down that: Consumer means any person :

(i) buys any goods for a consideration which has been paid or promised or party 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 the 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

(ii) hires or avail of any service for a consideration which has been paid or promised or party 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 avail of the services for the consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such service are availed of with the approval of the first mentioned person but does not include a person who avail of  such service for any commercial purpose.

31.  On dated 30.05.2022 complainant deposited the amount of Rs 97,000/- to the account of opposite party (deposited Slip Annexure-I) for the delivery of USP numeric 28ah with 16 batteries but received only USP without batteries from the opposite party (Purchaser slip/Invoice Annexure –II) and being repeated reminder and call and massage to the opposite, the opposite party causing inordinate delay in delivering the product resulting into deficiency of service.    Whereas Ld. Counsel of the opposite party submitted that the complainant is not a consumer under the consumer protection Act and has relied upon whatsapp chat documents of various dates (Annexure no.5) of their additional document and submitted that the complainant order for USP Numeric online 28ah with 16 batteries was for the supply to the government department, not for his personal use. The opposite party placed a citation Shelter Maker(I) Private Limited and Ors. Vs Rameshbhai R. Shah & Ors. 
32.  The section 2 (d) of the consumer Protection Act, 1986 defined the consumer and  does not include a person who obtains such goods for resale or for any commercial purpose or avails services for commercial purpose.
33. On going through the fact and records of the case, it is clear that complainant order for the USP 28 kah with 16 batteries was for the supply to the Government and neither the complainant denied and adduce supportive document to refute the documents and submission of the opposite party and as such we hold that Complainant is not a consumer.

      Therefore, complaint is not maintainable under the consumer protection Act 1986. Hence complaint is dismissed.

34.  Pronounced in the open Commission in presence of l’d counsels for the parties.
35.  A copy of order be sent to the concerned parties free of cost.

GIVEN under our hand & seal of this Commission on this 28^th Day of October, 2022.