Order No. 02    / 07.12.2018

            Complainant is present in person.

            The case is taken up for admission hearing.

            Heard the Complainant in person. On perusal of the consumer complaint, we find that the complainant prays for compensation of Rs.50,000/- from the OP on account of gross deficiency and / or unfair trade practice on their part which damages the business of the complainant. U/Section 2(b) (1) (ii) of C.P. Act, 1986 consumer means any person who  -

i)          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 good other than the person who buys such goods for consideration paid or promised or partly paid and 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

ii)         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 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 brought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment.

In the fore corner of the consumer complaint, we do not find that the complainant carrying on business exclusively for the purposes of earning his livelihood by means of self-employment. Therefore, the complainant is not a consumer under the definition of section 2(d) (1) (ii) of the Consumer Protection Act, 1986.

In the light of the above discussion we are not inclined to admit the consumer complaint and the consumer complaint is dismissed in limine.

Hence,

ORDERED

                        That the complaint case be and the same is dismissed in limine.