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