Delhi

West Delhi

CC/16/721

SHYAMAL KUMAR - Complainant(s)

Versus

JIVO WELLNESS PVT.LTD. - Opp.Party(s)

08 Nov 2016

ORDER

Complaint Case No-721/16

 

ORDER

 

Present:Shyamal Kumar Sinha, complainant in person

Heard arguments on admission hearing.

            Section 2(d) of the Consumer Protection Act reads as under:

 

(d) “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)  ³[hires or avails of] any services 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 services other than the person who ³[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  ⁴[  but  does not include a person who avails of such services for any commercial purpose];

⁵[Explanation—For the purposes of this clause, “commercial purpose” does not include use by a person of goods brought and used by him and services availed by him exclusively for the purpose of earning his livelihood by means of self-employment;]   

 

 

            In the present complaint,  the complainant admittedly worked for the Opposite Party and filed the present complaint for recovery of his due amount which does not come under the definition of Consumer  as cited above.    Therefore, the complainant is not a consumer  under section 2(d)

 

 

 

the Consumer Protection Act.  Hence, the complaint is not maintainable.  Therefore, the complaint is hereby dismissed. 

           

Copy of order be given to the complainant as per rules.  Thereafter, file  be consigned to records.

 

 

 

 

(PUNEET LAMBA)                          (URMILA GUPTA)              (R.S.  BAGRI)

  MEMBER                                          MEMBER                            PRESIDENT