Sri Shyamal Gupta, Member

The Revision is directed against the Order dated 06-11-2020, passed by the Ld. District Commission, Kolkata-II (Central) in CC/169/2020.

Ld. Advocate for the Revisionists submitted that the impugned order caused extreme prejudice to them.  According to her, the Ld. District Commission exceeded its jurisdiction by passing the impugned order without appreciating the fact that Respondent was not a consumer within the meaning of Sec. 2(7) of the 2019 Act. 

Opposing such plea, Ld. Advocate for the Respondent submitted that the Respondent embarked on such commercial activities exclusively for the purpose of livelihood by means of self-employment and not for the purpose of generating profit in large scale.  As such, he definitely qualifies as a ‘consumer’ and the Ld. District Commission justifiably entertained the complaint case under consideration.

Perusal of record reveals that the Ld. District Commission passed an interim order 25-09-2020.  By virtue of such order, the Revisionists were directed to release the embroidery machine on receipt of US$ 3,000 from the Respondent.  As the said order was passed at the admission stage itself without serving notice to the Revisionists, they could not articulate their position before the Ld. District Commission. 

Ld. Advocate for the Revisionists submitted that the Respondent happens to be one of the Directors of M/s Trishtha Industries Pvt. Ltd., the de facto importer of the machine in question.  She also claimed that the aforesaid firm employs several employees and that the said machine was imported purely for commercial purpose. For all these reasons the Respondent, according to the Ld. Advocate, is a complete misfit to be accorded the status of ‘consumer’. 

On due consideration of the submission, as advanced by the Ld. Advocates for the parties, it appears to me that while the very maintainability of the case has been called in question, the Ld. District Forum cannot proceed with the same without first determining the actual status of the Respondent, i.e., whether or not the Respondent qualifies as a consumer.

There being sufficient merit in this Revision, I am inclined to allow it. Consequent thereof, the impugned order stands set aside. Parties to appear before the Ld. District Commission on 15-02-2021 for moving maintainability petition by the Revisionists, if not filed already.