ORAL
State Consumer Disputes Redressal Commission
U.P. Lucknow.
Appeal No. 1260 of 2017
Yadav Construction (09125839506), Proprietor,
Lalchand Yadav, R/o Bilariaganj, Post Bilariaganj,
District, Azamgarh. ....Appellant.
Versus
Mahamai Engineering Company, Manufacturer
of Construction Machinery, Proprietor Hari Sharma,
R/o Gali no.2 Nahar paar Kheri Road, Indira
Complex Old Faridabad, Hariyana mobile no.
09891145541. …Respondent.
Present:-
1- Hon’ble Sri Sushil Kumar, Presiding Member.
2- Hon’ble Sri Vikas Saxena, Member.
Sri R.D. Kranti, Advocate for appellant.
None for respondent.
Date 15.12.2022
JUDGMENT
Per Sri Sushil Kumar, Member- This appeal has been filed against the judgment and order dated 3.5.2017 passed by the ld. District Consumer Forum, Azamgarh in complaint case no.84 of 2017, Yadav Construction vs. Mahamai Engineering Company, Manufacturer of Construction Machinery, whereby the ld. District Forum dismissed the complaint on the ground of commercial disputed existed between the parties as no consumer complaint is maintainable.
We have heard ld. counsel for the appellant and perused the impugned judgment and order alongwith allegation of the complaint. None appeared for the respondent.
On perusal of the complaint this fact reveals that the complaint engaged in the business of construction. He purchased the machine for grinding bricks and other materials. Therefore, finding of the ld. District Forum regarding existence of commercial dispute between the parties is according to law and no interference is required.
Appeal deserves to be dismissed.
(2)
ORDER
Appeal is dismissed.
The stenographer is requested to upload this order on the Website of this Commission today itself.
Certified copy of this judgment be provided to the parties as per rules.
(Vikas Saxena) (Sushil Kumar)
Member Presiding Member
Judgment dated/typed signed by us and pronounced in the open court.
Consign to record.
(Vikas Saxena) (Sushil Kumar)
Member Presiding Member
Jafr, PA I
Court 2
