Delhi

West Delhi

CC/16/459

CHANRA KISHORE - Complainant(s)

Versus

RAJENDER VERMA - Opp.Party(s)

27 Feb 2017

ORDER

                                       CC-   459/16                        D.O.O- 27.02.2017

Present :-          Complainant in person.

                    Counsel for OP.

 

          Complaint is fixed for filing rejoinder and evidence of complainant. Complainant seeks adjournment for filing the same.

 

          Counsel  for the opposite party submitted that the complainant purchased a machine from the opposite party for manufacturing DONGA for commercial purposes. The complainant also admitted that he purchased the machine for manufacturing DONGA for sale.

 

          Before proceeding further it is worth while to reproduce Section 2(1)(d) of the Consumer Protection which reads as under:-

 

Section 2(1)(d) “consumer” means any person who-

1. 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
2. (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 hits 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 his livelihood by means of self-employment).

From bare reading of the complainant, reply and provisions of Section 2(1)(d) of the Consumer Protection Act it is evident that the complainant is not a consumer under Consumer Protection Act. Therefore, the complaint is not maintainable. Resultantly, the complaint is dismissed. Copy of the order be given DASTI free of cost. 

 

 

 

 

(PUNEET LAMBA)                                      (URMILA GUPTA)                                      ( R.S.  BAGRI )

     MEMBER                                                      MEMBER                                                   PRESIDENT

    27.02.2017                                                 27.02.2017                                                                27.02.2017