This is a complaint filed by M/S  Prabhu Agarwalla Construction Pvt. Ltd. , a company incorporated  under the provision of company’s Act, 1956. The complaint  is lodged M/S Rock Crusher represented by it  Sri Partha Sarathi Sen.

       We have heard the learned counsel on behalf of the complainant  who filed this application u/s 35 of the Consumer Protection Act, 2019. As per the complaint petition the op.party is a firm having registered office situated at N.H.37, Pachim Boragaon, Guwahati, 781035 district Kamrup (M) Assam and is engaged in the business and selling of Crush Stone machines, sand washing machine ,etc. The complainant purchased 75TPH Hydro Cyclone with Dewatering Screen machine having 12 months warranty from the date of its purchase. The date of purchase was 20.8.2022 and according to the complaint petition there were some terms and condition of supply and installation  of Hydro Cyclone with Dewatering Screen machine and the complainant duly complied with the aforesaid agreement and after the installation machine was not properly worked, which caused huge loss in the business  of the complainant company for which the complainant company requested the opp.party to replace the same   with a new machine,   but the opp.party  have not  responded to their request . The complainant alleged about unfair trade practice and deficiency in service on the part of the opp.party which have caused mentally loss to the complainant’s company for which compensation and other reliefs  has ben sought for  .

      Now, we have gone thorough   the provisions of Section 2(7) of the consumer protection  act which is read as under ,

Consumer means any person who-

(i)            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 ;”

“ (ii)   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.”

   Having such provision in the law it appears that the entire transaction between the complainant and the opp.party was for commercial purpose  as it has been  clearly mentioned in para 2 of the complaint petition that the company is engaged in the business of producing of Crush Stone and various size of sand depends upon requirement which acts as raw materials for various construction  activities   and construction of Roads, Highways, Bridges, Building and Canals etc.

    According  to the complaint petition there were various  terms and conditions in the copy of quotation etc. and the complainant found  deficiency in service on the part of the opp.parties .  But  apparently the purchase was for  a business purpose of the complainant  as indicated  here-in-above it appears that the complainant  is not  a consumer   as per definition 2(7) of the Consumer Protection Act. There were certain papers pertaining to standard terms and condition etc. for machine purchased  by the complainant  for his business of supply of stone and sand  .

     The provision as per Section 2(7)(a)  which is read as under,

(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.”

In our present case in hand the purchase was for business purpose  and the complainant himself is a construction Pvt.Ltd, a company incorporated under Company’s Act, 1956.  Accordingly, we found  it not a case to consider under the consumer protection act as the purchase of the goods and availing the service from the opp.party was for commercial purpose . It is not for earning livelihood by means of self-employment. As such , petition is not admitted and dismissed.