Date of filing: 30.11.2022                                          Date of disposal: 21.12.2022

      Complainant:-Arjun Mondal, S/o- Paban Kumar Mandal, of Khana Junction, P.O.- Khana, P.S.-Galsi, Dist.-Purba Bardhaman, 713141, Phone_7980649976

Vs.

O.P.-Santanu Saha, Proprietor of Saha Enterprise & Engineering, having registered address at Krishnanagar, Near Kaliganj G.P., Kaliganj Daspara, Dist. -Nadia, 741150.

Order  Date:21.12.2022

Today is fixed for admission hearing.

Complainant files hazira through the Ld. Advocate. The record is taken-up for admission hearing.

Heard the Ld. Advocate for the complainant in full.

Perused the complaint and Xerox copies so filed by the complainant. It appears that the complainant has filed this case stating that he is an unemployed person for maintaining his livelihood set up a business for making Fly Ash Bricks at Khana Junction, P.O. - Khana, P.S.-Galsi, Dist. –Purba Bardhaman-713141 and for that purpose he purchased a Fly Ash Brick Machine with Pan Mixer for his bricks manufacturing business and the India Mart referred to the O.P. and having searched out about the protocol of the business of the O.P., the complainant purchased the said machines along with other ancillary products on 13.05.2022. But within a week, it was revealed that the machine became functionless and motionless as fresh bricks were not made and it was informed to the O.P. For that purpose, he filed this case praying for compensation and value of the articles and other goods for deficiency in service and unfair trade practice.

From this fact, it is clear that nature of business the manufacturing of bricks and for that purpose he purchased those machines. Every business runs with a motto to earn profit and livelihood but whether this business which requires huge number of manpower according to nature of the business it is for the commercial purpose. Commercial purpose does not include use by consumer goods bought and used by him exclusively for the purpose of his livelihood by means of self-employment. But  according to the case of the complainant whether the manufacturing business of bricks was for earning his livelihood by means of self-employment has not been cleared and according to the nature of the manufacturing business of bricks huge manpower is necessary and it is not possible to do such business by means of self-employment. From this case of the complainant, it is clear that there was a close and direct nexus between the purpose of the fly ash bricks with pan mixture, ancillary products and the commercial activity for manufacturing of bricks. Accordingly, according to Section 2(7) (i) of C.P. Act, the complainant is not a consumer at all. Therefore, the case is out of purview of the Consumer Protection Act, 2019.

Hence, it is

O r d e r e d

           that this case be and the same is not admitted and thus disposed of.

Let a copy of this order be given to the complainant on free of cost.

     Dictated & corrected by me.

                      President

          D.C.D.R.C, Purba Bardhaman

                                                            Member                                             President

                                                 D.C.D.R.C, Purba Bardhaman.           D.C.D.R.C , Purba Bardhaman.