Complainant files advocates hazirah.
Today is fixed for admission hearing of the case but on scrutiny of the record it is found that the Complainant placed an order dated 18.09.20 of Philips SECESS CT CLICE System (CT Scan Machine) along with other accessories to the Respondent No. 1 through the Respondent No.2. The price was fixed for Rs. 1,21,000/-. The Complainant advances against such order to the tune of Rs.6,0,5000/- by two cheques drawn on Bandhan Bank, Lalbagh Branch to the Respondent No.1. After receiving the said amount the Respondent No.1 has not yet supply the said machine to the Complainant till today. But the Complainant already invested Rs.5,00,000/- to construct a machine room measuring 20/14 feet with high voltage electricity connection for that purpose. For this reason the Complainant filed this instant case before this Commission.
Ld. Adv. for the Complainant submits that the Complainant is a consumer under section II (7) of the Consumer Protection Act, 2019.
We peruse the said provisions of Law.
According to Section II (7) of the Act, 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 persons who buys such goods for consideration paid or promised or partly paid or partly promised, or under in 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 resell 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.
Explanation- For the purposes of this clause, -
- The expression ‘’Commercial Purpose” does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self employment.
- The expressions “buys any goods” and “hires or avails any services” includes offline or online transactions thorugh electronic means or by teleshopping or direct selling or multi-level marketing;
In the instant case we find that the Complainant is a proprietor of Sirajdulla Diagnostics Centre of Lalbagh Hospital Road, Golapbagh, PO&PS&Dist-Murshidabad. The very name Sirajdulla Diagnostics Centre clearly indicates that it is a business of commercial nature. Placing an order for purchasing CT Scan Machine has a close nexus with commercial activity and as such we are of the view that the Complainant does not fall within the definition of Consumer as per provisions of Section II (7) of the Act.
Such being the position, the instant case is not required to be admitted and consequently the instant case is dismissed on merit.
Hence, it is
ORDERED
that the instant case No. CC/79/2022 is not admitted and as such it is dismissed on merit.
