Order No. 2 

This day is fixed for passing order in respect of the admissibility of the case.

Briefly stated, case of the Complainant is that, it took the distributorship of the OP Company for selling their products by entering into an agreement on 13-01-2018.  For this purpose, the Complainant submitted bank guarantee worth Rs. 50,00,000/- to the OPs.  Allegedly, the OPs forcefully sent huge quantities of batteries to the Complainant without its consent. After selling some of the batteries, the Complainant made some payment to the OPs. However, as the OPs intimidated the complainant to cough up more money and the Complainant was flooded with complaints about the poor quality of the sold batteries, the Complainant repeatedly asked the OPs to return the bank guarantee, but in vain.  Allegedly, the OPs even did not take back the unsold batteries from the godown of the Complainant for months together.  Also, business relations between the parties took a beating due to hostile attitude of the OPs  In such circumstances, this complaint case is filed. 

On due scrutiny of the material on record, it turns out that the Complainant is a Private Limited Company, who took the distributorship of the OP Company for marketing/selling their products.  It is quite clear from the nature of business as well as the bone of contention between the parties that the present case is not maintainable under the Consumer Protection Act, 1986. 

Being a distributor, the Complainant did not hire the services of the OPs against due consideration; rather it was the other way round.  Further, there is no element of earning livelihood by means of self-employment present in this case.  The dispute between the parties is plain simpliciter a commercial dispute.

Accordingly, we refuse to admit this case.  Consequent thereof, the case stands dismissed being not maintainable.