Haryana

StateCommission

A/971/2015

SURAT SINGH MALIK - Complainant(s)

Versus

LLOYD ELECTRIC ETC. - Opp.Party(s)

KARAN SINGH

30 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,PANCHKULA

                                                 

First Appeal No.971 of 2015

Date of Institution: 06.11.2015

Date of Decision: 30.11.2015

 

Surat Singh Malik S/o Shri Balwant Singh, resident of H.No.8, Rambagh Colony, Bhiwani, Tehsil and District Bhiwani.

     …..Appellant

                                                Versus

1. Lloyd Electronic & Engineering Ltd. through its Chief Managing Director, 159, Okhla Industries Estate, Phase-III, New Delhi-110020.
2. M/s Guru Nanak Air Tech, through its Managing Director, Shri Jaswinder Kalra, Mangal Singh Market, Kunjpura road, Karnal, district Karnal, presently Guru Nanak air Tech, gogri Pur Road, Near Shamshan Ghat (Shalimar colony) Karnal.
3. Shri Nipun Singal, President, Lloyd electronic & engineering Ltd. 159, Okhla Industries Estate, Phase-III, New Delhi-110020.
4. Shri B.R.Punj, Chairman, Lloyd electronic & Engineering Ltd., 159, Okhla Industires Estate, Phase-III, New Delhi-110020.
5. Shri C.S.Mehta, All India Serivices Incharge, Lloyd Electronic & Engineering Ltd., 159, Okhla Industries Estate, Phase-III, New Delhi 110020.

         …..Respondents

CORAM:   Mr. R.K.Bishnoi, Judicial Member.
                   Mrs.Urvashi Agnihotri, Member.

 

Present:-    Mr.Karan Singh, Advocate for the appellant.

ORDER

URVASHI AGNIHOTRI MEMBER:

Surat Singh Malik, Complainant is in appeal against the Order dated 24.09.2015 (wrongly mentioned as 20.09.2015) passed by the District Consumer Disputes Redressal Forum (For short “District Forum”), Bhiwani, whereby the Complaint of Surat Singh Malik-Complainant has been dismissed.

2.     Surat Singh Malik-Complainant filed complaint before the District Forum, Bhiwani with a prayer to direct the opposite parties (O.Ps.)-respondents to replace the seven defective Air Conditioners, to pay Rs.5,00,000/- as compensation and to issue two Air Tickets for Bangkok, Singhapur and European countries. 128 Air Conditioners were purchased by the Complainant vide various bills from 11.05.2010 to 11.03.2012. The Complainant made complaints to the O.Ps. that the Air Conditioners were not working properly and there was manufacturing defect.  O.Ps.-respondents deputed persons for checking the Air Conditioners and found that seven Air Conditioners were not repairable and will be replaced, but inspite of several requests, the O.Ps. did not replace the seven defective Air Conditioners.  O.Ps.-respondents also promised that two tickets for Singapore, Bangkok and Dubai will be given, but the tickets have not been sent.

3.     Since the defective Air Conditioners were out of warranty so the same cannot be changed by the company and there was neither such scheme nor the respondent assured to give tickets for foreign tours.  It is further pleaded that Air Conditioners were purchased for the commercial purposes so the complaint does not come within the purview of a consumer.

4.     We have heard the learned counsel for the Complainant-Appellant and in the light of the pleadings, we have examined the record.

5.     Complainant himself stated in his complaint that the Air Conditioners purchased by him and got installed in the factories. Undisputedly, the said Air Conditioners were purchased by him for the commercial purpose. The Complainant’s case is not of the Air Conditioner exclusively for the purpose of earning his livelihood by means of self-employment, because all 128 Air Conditioners purchased by the Complainant were installed in the Factories on AMC contract basis for commercial purpose and the same were not used by him.  Hence the explanation given to Section 2 (i) (d) does not support the case of the complainant (appellant).

6.     In view of the above, the majority order passed by the District Forum, was perfectly right and we hold that the complainant is not a consumer under the Consumer Protection Act, 1986. The appeal is, therefore, dismissed.

 

 

November 30th, 2015  Urvashi Agnihotri                                R.K.Bishnoi,                                                   Member                                                Judicial Member                                              Addl. Bench                                        Addl.Bench                

S.K.