Delhi

West Delhi

CC/22/378

SUNIT NEGI - Complainant(s)

Versus

SACHIN BANSAL AND BINNY BANSAL - Opp.Party(s)

20 Oct 2022

ORDER

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, 7^th 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)