The complainant Vimal Kumar Rai has filed this complaint petition against Surendra Roy Proprietor M/S Raj Auto Mobiles and Tractor Ahiyapur N.H.-57 Muzaffarpur and one another for realization of ‘no dues certificate’ from o.p no.-2 L& T Finance Ltd., to direct o.p no.-1 to provide owner book, up-to-date tax token current insurance policy to complainant and Rs. 12,000/- as compensation for not supplying Rota vator in time and Rs. 8,000/- as litigation cost.
The, brief, facts of the case is that complainant purchased a John Diere Model.- 5041 bearing Registration No.-BR06GB-3347 with all standard accessories from proprietor, Surendra Ray of M/S- Raj Auto Mobile and tractors Ahiyapur, Muzaffarpur on 02-11-2013 for Rs. 5,60,000/-. The further case is that after purchasing of the tractor proprietor of M/S Raj auto Mobile took Rs. 4,00,000/-as loan in the name of complainant from L & T finance Ltd. and adjusted the same in the account of tractor. The complainant himself paid Rs. 1 lacs/- as cash. The further case is that the complainant proprietor furnished detailed receipt of transaction on the back of receipt and asked that Rota waiter is not ready for delivery so he asked the complainant to pay cost of Rota vator at the time of delivery. The further case is that the proprietor did not provide the delivery of Rota vator after many request made by complainant, so on 04-11-2013, he purchased the Rota vator from M/S Baldeo Raj and Sons Naya Tola Chandralok chowk Muzaffarpur. The further case is that the complainant, sustained loss of Rs. 12,000/- due to non delivery of Rota vator. The further case is that Rs. 77000/- is deposited before o.p no.-1 but he has not provided all the papers such as owner book, tax token and update insurance of the vehicle so the complainant made a complainant before B.M. L & T on 06-05-2016 who forwarded the same on the same date to o.p no.-1. It has been further mentioned to direct the o.p no.-1 to deposit Rs. 25,000/- in relief for vehicle Tax defaulter Planning “Serve Kshma Yojana “January 2018”. If he has not paid the amount of tax token.
The complainant has filed the following documents with the complaint petition - photocopy of quotation of Raj Auto mobiles of tractor annexure-1, photocopy of receipt of Rs. 90,000/- cash cheque of Rs. 10,000/- total Rs. 1 lacs/- from complainant annexure-2, photocopy of account maintained by complainant himself annexure-3, photocopy of statement of account of 30-07-2016 of L & T finance Ltd. annexure-4, photocopy of petition filed by Vimal Kr. Roy (complainant ) to B.M. L & T, annexure-5 and photocopy of cutting of paper annexure-6.
On issuance of notices o.p didn’t appear, so forum proceed Ex. Party against them vide order dated 25-02-2019.
The complainant has examined himself on affidavit as A w-1. He has also examined Arjun Kr. as AW-2 and the Deepak Kr, as A.w-3.
The complainant has mentioned in para-11 of the complaint petition that in the absence of necessary papers the complainant is unable to utilize the tractor for commercial purpose in open market. Learned Lawyer for the complainant also submitted during the course of his argument that the tractor has been purchased for commercial purpose.
Section 2 (1) (d) of Consumer Protection Act-1986 defines consumer as follows-
- 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
- [ hires or avails of ] any services 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 services 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 services for any commercial purpose].
Explanation- For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning this livelihood by means of self-employment;
From the pleading of the complainant, it is evident that the complainant has purchased the tractor for ‘commercial purposes’. He has not mentioned either in complaint petition or in his evidence adduce on affidavit that he had purchased the tractor for earning of his livelihood by means of self employment. In the circumstances, the complainant does not come under the definition of consumer and as such the complaint is not maintainable.
In the circumstances complaint is dismissed as it is not maintainable.
