Orissa

Kalahandi

CC/46/2022

Bijaya Kumar Agrawal , aged about 52 years - Complainant(s)

Versus

Mr Manjit Singh Proprietor of Ananda Bolts - Opp.Party(s)

11 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KALAHANDI
NEAR TV CENTRE PADA, BHAWANIPATANA, KALAHANDI
ODISHA, PIN 766001
 
Complaint Case No. CC/46/2022
( Date of Filing : 27 Jun 2022 )
 
1. Bijaya Kumar Agrawal , aged about 52 years
S/o- kishan Prasad Agrawal At/Po-Mahavir Pada Ps-Bhawanipatna
Kalahandi
Odisha
...........Complainant(s)
Versus
1. Mr Manjit Singh Proprietor of Ananda Bolts
At-E-73,74 Phase -IV, Focal Point ,Ludhiana Po/Ps-Ludhiana(Punjab)
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Aswini Kumar Patra PRESIDENT
 HON'BLE MR. Sudhakar Senapothi MEMBER
 
PRESENT:
 
Dated : 11 Jan 2023
Final Order / Judgement

Heard the learned counsel for the complainant. Perused the material available on record . Complainant is a businessman purchased goods for m the O.P for resale to earn his livelihood is found defective. Request for replacement of defective goods or refund of the price of alleged defective goods is not responded by the O.P. Hence this complaint.

The O.P did not contest the case over notice is properly served. On the other hand the complainant filed his evidence on affidavit to substantiate his claim.

Admittedly the complainant is a businessman purchased the alleged goods form the O.P for resale purpose there is a “business to business” relationship between the parties is clearly established .Law is well settled that “if a person doing commercial activity purchased goods or avail services for his personal use then he will be a consumer as defined under the C.P Act but here in this case the complainant has failed to prove as such. Hence, complainant is not a consumer within the meaning of C.P Act. And this complaint is not maintainable .However, complainant is at liberty to take shelter of the proper court of law. Case is disposed of accordingly.

 
 
[HON'BLE MR. Aswini Kumar Patra]
PRESIDENT
 
 
[HON'BLE MR. Sudhakar Senapothi]
MEMBER
 

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