The brief facts of the case, is that, the complainant is the proprietor of M/S Rajendra Enterprises, which is into business of providing service in the many categories such as TV Dealers, Inverter battery dealers, Led bulb dealers etc. The complainant as per advertisement of O.P sent his proposal for purchase and requested for quotation of price of Hercules Pillar Mounted IB Crane with electric chain hoist. The O.Ps sent the price quotation on 19/01/2020 amounting to Rs. 3,33,900/-. According to the quotation the complainant made a payment of Rs. 2,00,000/- through online IMPS on 01/4/2021 and further a made payment of Rs. 2,10,000/- through NEFT; total  payment made is of Rs. 4,10,000/- including the GST, transportation charge, packing charge and other incidental chargers etc. After receiving the entire amount the O.P assured the complainant through e-mail that the jib crane as per order will be dispatched in next 7 to 8 days. That with the intent to malice and causing wrongful gain to the O.P. O.P did not deliver the said jib crane to the complainant till date the complainant sent the letter to the O.P in this regard on 25/08/2021. Complainant served an Advocate notice and demanding the said entire amount. The said notice was received but no reply. There is negligence and service deficiency against the O.P. The complainant has filed this case with a prayer to refund the entire amount of Rs. 4,10,000/- along with interest and also claim Rs. 1,30,000/- for his compensation for mental pain and agony and Rs. 3,00,000/- for causing damage of business and Rs. 20,000/- as a litigation costs.

After receiving the notice the O.P did not turn up to contest the case and hence, ex-parte.

The complainant has filed evidence-in-chief and also file documents and written argument.

Now, let us consider whether the complainant is a consumer or not? According to the provision of Consumer Protection Act in this case complainant stated that he is a business man having several dealerships in his favour but in the petition nowhere mention whether his business is the sole earning source to maintain his livelihood. From the documents we find that apart from his dealership he has business of contractor with the defence, from the document filed by the complainant, we find that he worked as a electric contractor and general order supplier apart from his electric business of dealership.  It also appears that he intend to purchase the crane from the O.P company with a view to supply the same to the defence department that means he intend to purchase the crane with a view to supply the same to the defence in a higher price that is Rs. 7,90,852/- which appears form the documents filed by the complainant. So the purpose of purchase is commercial in nature it is not the sole business of this complainant to maintain his livelihood. He has two businesses one is the dealership of the electrical goods and other is the electrical contractor work in the defence by supplying different materials. So as per provision of Consumer Protection Act the purpose of purchase was commercial only, which was not his livelihood. He is not the consumer to get protection by the Act as his order of purchase is commercial purpose. So this case is not maintainable according to law. The case is liable to be dismissed.

Hence, for ends of justice; it is;-

ORDERED

           that the instant case be and the same is dismissed as not maintainable against O.P.

Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.

Dictated & Corrected by me