ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Complaint No. 133 of 1999

M/s Ravi Carpets, D 65/429 C1A, Lahartara,

Post Office Cant District, Varanasi through

Ravi Shankar Rai s/o Sri Uma Shankar Rai (Proprietor),

R/o D-65/429, C1 A, Lahartara, Varanasi.     ...Complainant.

Versus

1- M/s Samrat Cargo & Travels, Shop no.1,

    Niryat Bhawan, Station Road, Bhadohi,

    District Bhadohi through Sri B.N. Dwivedi,

    Branch Manager.

2- M/s Samrat Cargo & Travels, 130 Eslareland Mansion,

    144, Mahatma Gandhi Marg, Mumbai-400001

3- M/s LCL Agency India Private Ltd., 281, Krishna

    Niwas(First Floor) United Business Centre, Shaheed ,

    Bhagat Singh Road, Mumbai through Nideshak,

    Sri Ravi Menon.

 4- M/s LCL Agency India Private Ltd., 281, Krishna

    Niwas(First Floor) United Business Centre, Shaheed ,

    Bhagat Singh Road, Mumbai through Prabandh

    Nideshak, Sri Uni Krishnan Nayar.           .…Opp. Parties.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Sri Alok Ranjan, Advocate for the complainant.

Sri Arun Tandan, Advocate for the Opposite parties.      

Date 15.12.2021

JUDGMENT

Per Sri Sushil Kumar,  Member- This complaint has been filed against the opposite parties to recover the damages  for the loss of goods which were sent through M/s Samrat Cargo & Travels.

The opposite parties contended that the present case should be tried only by a Civil Court because the transaction is a commercial one and the Consumer Forum is not a competent court to decide the dispute regarding commercial transactions.

(2)

          We have heard Sri Alok Ranjan, Ld. Counsel for the complainant and Sri Arun Tandan, ld. Counsel for the Opposite parties and considered the relevant provisions of the Consumer Protection Act.

Under the provisions of the Consumer Protection Act, commercial transactions can not be decided by the Consumer Forum while this case belongs to commercial transaction. Hence, this Commission has no jurisdiction to decide this complaint as consumer complaint.

ORDER

          The complaint is dismissed with liberty to the complainant to file the instant complaint before the competent authority.

          The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules. 

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Jafr, PA II

Court 2