SUNIT NEGI filed a consumer case on 20 Oct 2022 against SACHIN BANSAL AND BINNY BANSAL in the West Delhi Consumer Court. The case no is CC/22/378 and the judgment uploaded on 23 Nov 2022.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-III(WEST)
GOVT. OF NCT OF DELHI
C-BLOCK, COMMUNITY CENTRE, PANKHA ROAD, JANAK PURI
NEW DELHI
Complaint Case No.378/2022
In the matter of:
| Sunit Negi 55D, Block BG-6, Paschim Vihar, New Delhi-110063i
|
........Complainant |
|
Versus
|
Flipkart Internet Private Limited
Ozone Manay Tech Park,
#56/18 & 55/09, 7th Floor, Garvebhavipalya,
Hosur Road, Bangalore-560068
Karnataka, India
Instakart Services Private Limited(Ekart Logistics).
Buildings Alyssa, Begonia & Clover,
Embassy Tech Village, Outer Ring Road,
Devarabeesanahalli village,
Bengaluru KA 560103
i ......Opposite Parties
Present: Complainant in person 20.10.2022
Complainant states that he is a seller of food products/grocery items to ecommerce websites under brand name “KUDAAL” and in this regard had entered into a contract with OP.1 to sell their products to Flipkart/OP.1 customers. Before going into the merits of the case, the complainant was asked to satisfy us as to how he is a consumer under the C P Act, 2019. He has, however, failed to do so on this score. We may here note the definition of a “consumer” under the CP Act, 2019 as under:
”2 (7) "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 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 (ii) hires or avails of any service 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 service 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 the first mentioned person, but does not include a person who avails of such service for any commercial purpose.
The above definition clearly spells out that a seller is not a consumer as the complainant wanted to sell his products through OP for commercial purpose. Accordingly the complaint is dismissed in limine with liberty to the complainant to pursue his remedy before the appropriate Civil Court. Original file be returned to the complainant. However, a copy of the same be kept on record.
Richa Jindal Anil Kumar Koushal Sonica Mehrotra
(Member) (Member) (President)
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