CASE NO. 242/2014

M/s Aditya Impex  Vs   M/s S.M. Logistics & Ors.

21/08/2014

Present:-  None for the complainant.

We have perused the complaint the complainant has purchased some goods from O.P-3 which has dispatch the goods through O.P-1, however, the materials has not been delivered by the O.P-1 and O.P-2.  The complainant has been engaged in the business of selling goods which is a commercial activity.  The services availed by the complainant are  commercial in nature.  In Economic Transport Corporation Vs. Charan Spinning Mills (P) Ltd. I(2010) CPJ 4 (SC), Constitutional bench of Hon’ble Supreme Court has held that transport services availed for commercial purposes, the person who avails such services does not come within the meaning of consumer as defined in Section 2(1)(d) of the Consumer Protection Act.  In view of the above, complainant does not qualify to be a ‘consumer’, therefore, complaint cannot be entertained.  Complaint is therefore dismissed.

  President                          Member                         Member