Microtex Clothing Private Limited v/s Hotel Pride Plaza & Ors.

03.02.2023                                                                             CC/402/22

1. The present complaint was registered on 06.10.2022 by the complainant after which neither the complainant nor his counsel appeared to address oral arguments on admission. Last opportunity was given to the complainant to address oral arguments on 06.12.2022.

2. On 13.12.2022, the counsel for the complainant Sh. Ravish Kumar appeared and addressed oral arguments on admission seeking short adjournment which were partly heard before next date was given for 06.01.2023 as the counsel for the complainant was unable to convince us how his case wan not commercial in nature.

3. Briefly stated facts of the case are that the Vice President of the complainant company booked 80-100 rooms at OP-1 Hotel through OP-2 & OP-3 along with other facilities, at OP-1 Hotel for 8 days for the promotional event of his company as stated in his complaint. He invited his agents and business associates, as stated by him in his oral arguments to OP-1 for the aforementioned promotional event that was to take place for 8 days in OP-1. The counsel for the complainant was unable to convince the Bench regarding how this event is not commercial in nature and the complainant company is a consumer as provided Under Section 2 (7) (i) (ii) in the Consumer Protection Act, 2019 which states as under:-

(7) "Consumer" means any person who—

(i) buys any goods for a consideration which has been paid or promised or partly 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 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 avails of any service for a consideration which has been paid or promised or partly 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 avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.

4. The Ld. Counsel again sought a longer date which was allowed in the interest of justice on 03.02.2023. Thereafter on 03.02.2023, the counsel for the complainant appeared and sought more time to argue the matter which we are not inclined to allow as he has taken several opportunities already, hence order was reserved.

5. On merits, after having perused the documents and having given a careful hearing to the Ld. Counsel of the complainant we feel the complainant in the present complaint is not a consumer as the facts of the case are commercial in nature wherein the complainant company engaged the OP-1 Hotel in promotional activities for its client, Agents or partners for prospective profit and therefore booked 80-100 rooms with the OP-1 Hotel for the event.

6. Hence, the present complaint is dismissed without cost with the liberty to file it in the Competent Forum.

Copy of the order be given as dasti.

File be consigned to record room thereafter.