Sri Shyamal Gupta, Member

Calling in question the justifiability of the impugned order, this Appeal is moved by Sri Arya Sumant.

The dispute revolves over non-delivery of two printers for which due payment was made to the Respondent by the Appellant.   

It appears from the impugned order that the same was dismissed at the admission stage itself as the Ld. District Forum had serious reservation about maintainability of the same.

In this regard, we heard the submission of both sides and gone through the documents on record.

The Appellant placed order for two nos. printers with the Respondent No. 1. It is nobody’s case that the same were meant for re-sale purpose.  Further, let us appreciate that printers are used for taking print outs of academic/official documents.  Even if it is assumed for the sake of argument that the Appellant intended to use the same for official purpose, fact remains that, usage of the same has got no direct nexus with commercial purpose (earning profit) of the company. Therefore, though the Ld. District Forum labored hard to find out the actual motive of the Appellant behind placing order for two nos. printers, in the facts and circumstances of the case, it appears to be totally uncalled for. 

Similarly, on the aspect of territorial jurisdiction of the case, we find that one of the Respondents had its Regional office situated within the territorial jurisdiction of the Ld. District Forum.  Accordingly, from this aspect too the complaint case was very maintainable before it.

In view of this, we allow this Appeal in part and set aside the impugned order.  Parties to appear before the Ld. District Forum on 09-09-2019 for fresh adjudication of the case in accordance with law.