Per Shri Dhanraj Khamatkar, Hon’ble Member
On behalf of Metal Inox India, Mr.Manoj P. Chandan, Proprietor has filed consumer complaint which is duly registered as Complaint No.27/2012 and the notice before admission is served to the opponent. On 11/09/2012 opponent filed reply opposing admission of the complaint.
2. We heard Mr.Vivek V. Phadke, Advocate for the complainant and Mr.Ashutosh Marathe, Advocate for the opponent.
3. Complainant is a company dealing with export-import business. The complainant had filed a claim of `81,44,530/- against the opponent. Learned Advocate for the opponent had opposed admission of the complaint on the ground that present complainant had availed services of the opponent for commercial purpose and hence, as per definition, he is not a consumer under the provisions of Consumer Protection Act, 1986 as the services are hired for commercial purpose. Learned Counsel for the complainant has tried to argue that he is a consumer. However, no where in the complaint, he has stated that he is doing a business for earning his livelihood. Learned Counsel for the opponent has relied on the decision of the National Commission in the case of Victory Electricals Ltd. V/s. IDBI Bank Ltd., I(2012) CPJ-55 (NC), wherein the National Commission has held that after going by nature of transaction between the parties, it is found that complainant had availed services of opponent for purely commercial purposes. It cannot be said that services were availed by the complainant for ancillary purpose. The complainant is not a consumer within meaning of the Consumer Protection Act, 1986 and not entitled to invoke jurisdiction of this Commission for redressal of its grievance and the present complaint is misconceived and rejected. The facts and circumstances in the aforesaid ruling are relevant in our case. We hold accordingly and pass the following order :-
-: ORDER :-
1. Complaint stands dismissed at the stage of admission itself.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
Pronounced
Dated 18th September 2012.
