This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that he placed an order on KIAD Power Systems Pvt. Ltd. for a Globe’s made step-up Transformer on 09-04-2014 based on their offer dated 08-04-2014 and it was for installation and usage in our Cold Storage at Simurali and this would be part of our electrical system, neither raw material for their operation not for resale.  The value of the equipment is Rs.5,95,000/- only + 5 percent VAT.  The equipment was to be delivered within three weeks time i.e. on 30-04-2014.  Complainant issued a cheque along with order Rs.2,38,000/- only on 09-04-2014 and on intimation from Indraneel Dutta that the equipment was ready for despatch at Globe’s Delhi factory, they transferred the balance Rs.3,86,750/- inclusive of 5 percent VAT through RTGS on 23-04-2014 but the equipment had not arrived at their factory. They followed up several times with the order of the OP but in the meantime getting no such power system complainant was compelled to hire a similar equipments of Rs.15,000/- to run their cold storage and complainant was compelled to do that to save valuable farm product of several farmers and tractors.

          During 3^rd week of June, complainant made contact with S.N. Singh, Managing Director of the equipment manufacturer of M/s. Globe in Delhi and he told the complainant that no money was sent to them at all.  On confronting Mr. Indraneel Dutta, he fabricated other stories and eventually agreed that he did not send any money to M/s. Globe against their order and on 26-06-2014 complainant met Mr. Indraneel Dutta in his office and he wrote a letter under letterhead of their company that the equipment will arrive in ten days time and failing which the order would stand cancelled and the equipment has not arrived yet when enquired Mr. S.N. Singh informed as recent as 17-07-2014 that the money was not paid.  In the above circumstances, complainant suffered huge loss and lost interest and for which complainant has prayed for refund of the said amount with interest and for harassment claim compensation etc.

          On the other hand, OP Indraneel Dutta by filing written statement submitted that the entire complaint is not maintainable and it is full of frivolous and harassing and vexatious and baseless conversation and it is also submitted by the OP that the claim of the complainant is vexatious one and under any circumstances complainant never approached the OP for any settlement and the aforesaid case is frivolous one and fact remains the material was required for generating income so, it must be rejected forthwith with exemplary cost and denied all other allegations along with denial of all allegations as made in the complaint.

Decision with Reasons

On proper consideration of the argument as advanced by the Ld. Lawyers of both the parties and further considering the purpose of booking the said KIAD Power System that is transforma or which was for commercial purpose because the complainant Bidisha Biswas is the Managing Director of Sagarika Multipurpose Cold Storage and Food Processing Pvt. Ltd. and no doubt complainant admitted in his complaint in para (what transpired between 1^st May and now) has admitted that he hired the said power system for the purpose of running cold storage to save the product of farmers and traders that means that power system was required for the purpose of running of their cold storage for making profit by storing the products of farmers, dealers, traders etc.  so, it is clear that the entire purpose of purchase of said system was commercial purpose and for the Company’s profit and for making profit that instrument was required so the entire transaction in between the complainant and the OP is a commercial transaction.  At the same time complainant is a private limited company so, in view of the above fact we are convinced to hold that the present complaint is not maintainable in the eye of law on the ground the complainant is a private limited company and his purpose for purchasing the power system was for running their cold storage business for the purpose of earning profit for that private company and it wasnot intended to purchase for the benefit of the family of the Bidisha Biswas and that business is not the personal business of Bidisha Bisws as an unemployed person and that private company is run by different directors etc.  So, per se complainant is not a consumer and the entire transaction is a commercial transaction for which the complainant is not entitled to get any relief as she is not a consumer as per definition of Consumer Protection Act.

In the result, the complaint fails.

Hence,

Ordered

That the case be and the same is dismissed on contest against the OPs without any cost.