D. K. Mahanta, Member

Aggrieved by the order dated 09–01–2015 passed by the District Consumer Disputes Redressal Forum, Kamrup, Guwahati, in respect of the Complaint Case No. 57 of 2011, the appellant / respondent has filed the present appeal. Briefly stated, the facts leading to the filing of the instant appeal are as follows:

In the District Forum, the respondent, as complainant, instituted Complaint Case No. 57 of 2011 seeking compensation from the present appellant alleging deficiency in service. It has been contended in the complaint petition that in the year 2009, the respondent hired the services of the appellant transporter for transportation of certain products, manufactured by the complainant, to Kochi, to be displayed in some International Trade Fare which was being held from 25-11-2009 to 28-11-2009. It has been alleged that the appellant failed to deliver the said goods on time for which the respondent reportedly suffered loss to the tune of Rs.15,00,000/-.

After receipt of the due Notice, the appellant / respondent appeared before the District Forum and submitted a petition U/S 12(3) of the Consumer Protection Act, 1986 (Hereinafter, the “Act”) with the specific plea that the complaint petition of the respondent complainant was not maintainable as the said petition was barred by limitation as provided U/S 24-A of the Act.

It was further been specifically contended that the complainant bamboo manufacturing unit availed the services of the appellant transporter purely for commercial purpose and as such, the complainant was not a ‘consumer’ within the meaning of Section 2(1) (d) of the Consumer Protection Act, 1986.

The District Forum, vide the order under challenge, without deciding the issue as to whether the respondent complainant was a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986, simply held that that the case was maintainable as it was not barred by limitation.

          In our considered opinion, the most important point as to whether the respondent complainant was a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986, as agitated by the appellant, being the very foundation of the maintainability of the dispute in question, the said issue should be decided at the initial stage.

          Accordingly, the case is remanded to the District Forum with the direction to decide the issue as to whether the respondent complainant was a consumer within the meaning of Section 2(1) (d) of the Consumer Protection Act, 1986. It is further directed that both the parties will appear before the District Forum on 16-03-2017.

          With the above order, the instant appeal is disposed of leaving the parties to bear their own costs. Send a copy of this order to the concerned District Forum immediately.