Chandigarh

DF-II

CC/512/2023

HOTEL KC RESIDENCY - Complainant(s)

Versus

M/S AERO FURNISHING - Opp.Party(s)

HEENA SINGH

08 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	512 of 2023
Date  of  Institution	:	12.10.2023
Date   of   Decision	:	08.11.2023

 

 

 

 

 

Hotel KC Residency, SCO No.377-380, Sector 35-B, Chandigarh through its General Manager Kapil Chauhan s/o Sh.Karanjit Singh

 

            …..Complainant

 

Versus

 

M/s Aero Furnishing, SCO No.18, Ground Floor, Choura Bazar, Ambala-Chandigarh Road, Zirakpur, Punjab through its Proprietor Jitender Sharma

 

    ….. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

         MR.B.M.SHARMA,                MEMBER

                               

Present :     Ms.Heena Singh, Counsel for the complainant

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

        The complainant namely Hotel KC Residency has filed the present complaint pleading that it purchased wooden flooring from OP Firm for the renovation of First Floor of Hotel that covers 13 rooms along with the curtains & cushion works.  The OP Firm issued two bills of Rs.1,75,584/- dated 5.12.2022 for wooden flooring and Rs.48,903.75 dated 07.12.2022 for furnishing fabrics (Ann.C-1 to C-3).  It is stated that the OP Firm has not updated the GST amount on the portal even after a lapse of 6 months as a result, the complainant is unable to away the GST amount that have been charged by the OP Firm on the said bills. 

         It is submitted that just after 3-4 months of the work completing, the wooden flooring starts scraping and cracks in this wooden flooring has swollen the floor almost in every room of the hotel and has destroyed whole of the flooring in the rooms. It is also submitted that the complainant has made several requests to the OP Firm either to get it repair or pay compensation for the destroyed material with flooring along with the loss suffered by the complainant because the complainant has suffered business loss worth lacs because due to bad condition of the floor, nobody wants to stay in such type of rooms and the guest either denied or sought refund of the amount.  The complainant requested the OP Firm to repair the wooden floors and also sent legal notice in this regard, but the OP did not pay any heed. Hence, this complaint has been filed with a prayer to direct the OP Firm to refund Rs.1,75,584/- along with interest, penalizing the OP Firm for not informing sale tax and for grant of Rs.20,000/- towards deficiency in service.

 

2]       We have heard the Ld.Counsel for the complainant on the point of admissibility of the complainant and have gone through the entire record.

 

3]       Firstly, we have to consider the issue whether the complainant is a ‘consumer’ under The Consumer Protection Act, 2019 or not?

 

4]       In order to find out answer to the above mentioned issue, the following law and facts are required to be discussed:-

 

5]       Section 2(7) of The Consumer Protection Act, 2019 stipulates as under:-

        Section 2 (7) "consumer" means any 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 obtains such goods for resale or for any commercial purpose; or

 

2. 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,—

(a)     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;

 

(b)     the expressions "buys any goods" and "hires or avails any services" includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;

 

6]       Moreover, in the present complaint, the complainant is a Hotel and running business for profit and it is engaged in a Commercial activity. 

 

7]       Section 2(7)(i) of The Consumer Protection Act, 2019 excludes a person who obtains such goods for any commercial purpose. 

 

8]       The complainant himself in Para No.5 of his complaint stated that “the complainant has lost business worth lacks”. Further the complainant has nowhere in his complaint stated that it is used exclusively for the purpose of earning his livelihood by means of self-employment.   

         It is opined that if the complaint preferred by commercial establishment(s) as in the present complaint, is entertained then it would amounts to evasion of court fee to be paid before the Civil Court and this will also amount to consume the time and energy of Consumer Commission by non-consumers instead of using that time & energy for the benefit of consumers.

 

8]       Taking into consideration the above discussion & findings, the present complaint being not maintainable is hereby returned to the complainant being disposed off. No order as to costs. The complainant shall, be at liberty, to approach an appropriate Authority/Court in the matter and the time spent herein may stand commuted/condoned for the purpose of limitation.

9]       The pending application(s) if any, stands disposed off accordingly.

10]      Office is directed to return the complaint to the complainant against proper receipt and after retaining its copy.

         Certified copy of this order be sent to the complainant, as per rules. After compliance file be consigned to record room.

Announced

08.11.2023                                                                

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER