DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 1^st day of August 2014

Present   : Smt.Seena H, President

             : Smt.Shiny.P.R. Member

Date of filing :11/07/2014

                                                      (C.C.No.101/2014)                       

K.T.Subair,

Proprietor of

K.T.Marketing & Distributors,

Brothers Complex, 1^st Floor,

Opp.Government Press,

Kulapully Post,

Shoranur,

Palakkad – 679 122                                           -         Complainant

(By Adv.K.R.Santhoshkumar)

                                V/s

1.M/s.Aluco Panel Industries,

   Reg.Office B-1/F-6,

   Mohan Co-operarative Industrial Area,

   Main Mathura Road,

   New Delhi – 110 004

   Rep.by Managing Partner,Anil Singal.

2.Anil Singalp, Managing Partner,

   M/s.Aluco Panel Industries,

   Reg.Office B-1/F-6,

   Mohan Co-operarative Industrial Area,

   Main Mathura Road,

   New Delhi – 110 004                                      -           Opposite parties  

 O R D E R

Order by Smt.SEENA.H, PRESIDENT

Complaint in brief.

Complainant is doing business under the head K.T.Marketing & Distributors. Complainant purchased Aluminium composite panels in the name and style ALUCO from the opposite parties who are the whole sale distributors of the product. Major portion of the purchase was supplied to Lamiya silks, Pattambi and Kozhikkode. They issued notice to the complainant stating that the materials are having  manufacturing defects and claimed compensation. Though informed the opposite parties have not taken any steps to rectify the defect. According to the complainant, the act of opposite parties amounts to deficiency in service, defect in goods and unfair trade practice on their part. Hence the complaint.

Complaint posted for hearing on admission. Heard complainant regarding maintainability.

Admittedly complainant is a distributor. Complainant has  purchased ACP panels from opposite parties which in turn was supplied to other parties.  As per Section 2(1) (d) of Consumer Protection Act 1986

Consumer is a person who 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.

The act specifically excludes resaler from the purview of Consumer Protection Act. Hence we are of the view that complaint is not maintainable before the Forum.

In the result without going into the merits of the case, we dismiss the complaint with direction to approach Civil Court for relief.  

 Pronounced in the open court on this the  1^st  day of  August  2014. 

       Sd/-

  Seena H

  President   

      Sd/-

 Shiny.P.R.

  Member