Rajasthan

StateCommission

A/869/2017

M/s Jet Age Garaj Ekyument B-74, Secound Tal Fej New Delhi - Complainant(s)

Versus

M/s Raj Automobile Properriter Raju Bhati S/o Shri Abdul Ajij, Link Raod Kumkum Hotel Ke Pass Mandan - Opp.Party(s)

Vinay Kumar Sharma

06 Mar 2019

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 869/2017

 

M/s. Jet Age Grage Equipment, B 74 2^nd floor Phase II Narayana Industrial Area, New Delhi & ors.

Vs.

 

M/s. Raj Automobiles through Prop. Add. Link Road, Near Kumkum Hotel, Madanganj Kishangarh Distt. Ajmer.

 

Date of Order 6.3.2019

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mr.K.K.Bagri-Member

 

Mr.Vinay Kumar Sharma counsel for the appellant

Mr.Kamal Chamaria counsel for the respondent

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

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This appeal is filed against the judgment of the District Forum, Ajmer dated 14.12.2016 whereby the claim is allowed against the appellant.

 

The contention of the appellant is that he could not appear before the Forum below as their office premises was shifted to another place. The Forum below has allowed the complaint in toto whereas the deficiency is pleaded only for three machines out of purchase of nine machines. Hence, the claim should have been dismissed.

 

Per contra the contention of the respondent is that the appeal has been filed with the same address which was stated in the original complaint. The appellant purposely has not appeared before the Forum below and the appeal should have been dismissed.

 

Heard the learned counsel for the parties and perused the impugned judgment as well as original record of the case.

 

Before going into merits of the case it is pertinent to note that as per the complaint the respondent who is proprietor of

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M/s. Raj Automobiles has purchased the machines for commercial purpose and in the complaint it has not been stated that purpose was for earning the livelihood. As per the order booking form the machines were purchased by the firm Raj Automobiles hence, purpose of the transaction was commercial one and consumer complaint was not maintainable and the appeal is liable to be allowed and other contentions raised by both the parties need not be considered.

 

In view of the above, the appeal is allowed and the order of the Forum below dated 14.12.2016 is set aside.

 

(K.K.Bagri) (Nisha Gupta )

Member President

 

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