DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 5^th  day of February  2014 

Present:  Smt.Seena.H.  President

              Smt.Shini.P.R. Member

              Smt.Suma.K.P. Member        

CC No.129/2013

Thottathil Chits India Pvt.Ltd.

17/505 Pandarakkavu,

Manappullikavu, Kunnathurmedu,

P.O.Palakkad 678 013

Rep.by its

Assistant Manager

Power of Attorney Mr.Chokkalingam,

S/o.Murugesan, Janni, Devi Colony,

Ambikapuram Post, Palakkad – 678 011

(By Adv.A.B.Prasad)                                       -                  Complainant

        Vs 

Duke Solutions,

8/78/24 Rep.by its

Manager,

Mr.Luis, Keema Apartments,

College Road, Thrissur                                     -                  Opposite party

(By Adv.Jayachandran.G)

 O R D E R

Order by Smt.SEENA.H, PRESIDENT.

Complainant, a private limited company availed the service of the opposite party for installation of a software for Kuri companies. Opposite party made believe the complainant that the said software is very useful for running the chitty company more better and in a professional manner. Even though an amount of Rs.53,009/- was received by opposite party, they failed to complete the work and also the product has not satisfied the requirement of the complainant.

Application filed for hearing in preliminary issue. Contented  complainant is not a consumer as defined under Consumer Protection Act.

Admittedly complainant is a chitty company. The installation of  software is for the advancement of the business i.e. installation of software is for commercial  purpose. As per  Section 3 Consumer Protection  Act 1986, consumer is a person who

1. 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 person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtain such goods for resale or for any commercial purpose.
2. (hires or avails of) any  services 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 services 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 payments, when such services are availed of with the approval of the first mentioned person (but does not include a person who avails of such services for any commercial purpose)

Hence service availed for commercial purpose is specifically excluded. In  LORD WEAR PVT. LTD. (through  its Managing Director) Vs.RANCE COMPUTERS PVT.LTD. (through its Director) Rev.petition No.2553 of 2013 wherein the complainant is a garment manufacturing company purchased a fashion retail software for accounting system and the software not found functional, Hon. National Commission held that as the software was purchased by a limited company for commercial purpose, complainant does not fall within the purview of Consumer Protection Act. In the light of the above decision, we are of the view that complainant is not a consumer and hence without going into the merits of the case we dismiss the complaint.

Pronounced in the open court on this the 5^th  day of  February  2014.   

      Sd/-

    Seena H

    President   

                                                                                    Sd/-

    Shini.P.R.

    Member

        Sd/-

    Suma.K.P.

    Member

Forwarded/By Order,

Senior Superintendent