The complainant  is present through learned counsel. We have perused the complaint and heard the learned counsel on the admissibility of the complaint case U/S 35 of the Consumer Protection Act, 2019 .

       It is found that complainant is a private Ltd. company duly registered under the companies act and being a private Ltd. company , they are engaged in the business of civil , contractual and manufacturing works . The opp.party no. 1 is a manufacturing company as well as exporter of packing and filling machine  etc. and the opp.party no.2 is the authorized director thereof.

             The opp.party had submitted  quotations to the complainant for supply of some items . The complainant had agreed with the terms and conditions of the quotation and accordingly agreed to purchase all the items . The opp .parties also agreed to supply the quoted items to the complainant. The opp .parties requested the complainant to deposit the quoted price.  The opp .parties after receiving the entire amount failed to deliver some of the quoted items as per terms and conditions .

           The complainant states that service provided by the opp.parties to the complainant is defective and deficient and under the circumstances , the complainant prays for relief.

             We know that the consumer protection act defines the word “consumer” and according to section 2 (7) (i) Consumer means “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 ”

              Accordingly , our view is that the transaction between the parties is a business transaction and motive is to earn profit by the complainant . Therefore, complainant does not fall within the definition of consumer and the case is not admitted .

                The complainant is at liberty to approach appropriate Forum for adjudication of the matter.   Petition is rejected. .