Kerala

Palakkad

CC/125/2014

Joseph George - Complainant(s)

Versus

Rajan - Opp.Party(s)

S.Sijin

11 Sep 2014

ORDER

CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Near District Panchayath Office, Palakkad - 678 001, Kerala
 
Complaint Case No. CC/125/2014
 
1. Joseph George
Managing Partner Des International, Padoor, Alathur Taluk
Palakkad
Kerala
...........Complainant(s)
Versus
1. Rajan
Proprietor, Saravanan Engg Works, Manufactures of Soap Plant Machineries, Unit G6 Shalimar Industrial Estate, Near Tata Power House, Mattunga Labour Camp, Mumbai - 400 019
Maharashtra
............Opp.Party(s)
 
BEFORE: 
 HONARABLE MRS. Seena.H PRESIDENT
 HON'BLE MRS. Shiny.P.R. MEMBER
 HON'BLE MRS. Suma.K.P MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 11th  day of September 2014

PRESENT  : SMT. SEENA. H, PRESIDENT            Date of filing: 27/08/2014       

                  : SMT. SHINY.P.R, MEMBER

        : SMT.SUMA K.P, MEMBER

CC/125/2014                  

 

Joseph George,

Managing Partner,                                                    :        Complainant

Des International, Padoor,

Alathur Taluk, Palakkad             

(By Adv.Sijin.S)

                                                                    Vs

Rajan, Proprietor,

Saravanan Engg Works,                                           :        Opposite party

Manufactures of Soap Plant Machineries,

Unit G6 Shalimar Industrial Estate,

Near Tata Power House,

Mattunga Labour Camp, Mumbai-400019

 

O R D E R

By Smt. Seena.H, President

Complainant is the Managing Partner of a soap manufacturing unit.  Complainant booked a automatic soap stamping machine from opposite party.  The cost of the machine is Rs.6,09,960/-.  The machine installed was not working properly and has manufacturing defects.  Hence the complaint.

Complaint was posted hearing on admission regarding maintainability. Heard complaint.

As per sec 2(1)(d) consumer means any 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.

 

Hence purchase for commercial purpose is specifically excluded from the purview of Consumer Protection Act.  Hence without going in to merits of the case, we dismiss the complaint.

Pronounced in the open court on this the 11th  day of September 2014.

                                                                                      Sd/-

                                                                               Smt. Seena. H

                         President

                             Sd/-

                      Smt. Shiny. P.R

                          Member

                             Sd/-

                     Smt. Suma. K.P

                           Member

 
 
[HONARABLE MRS. Seena.H]
PRESIDENT
 
[HON'BLE MRS. Shiny.P.R.]
MEMBER
 
[HON'BLE MRS. Suma.K.P]
MEMBER

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