O R D E R (ORAL) JUSTICE J.M. MALIK 1. Counsel for the parties present. This order shall decide two cross-revision petitions which have been filed in respect of the common order of the State Commission dated 03.11.2011. 2. Arguments heard. At the very outset, it may be mentioned here that the present petitions were filed by Sri Sai Industries. We have perused the original complaint filed before the District Forum. It is mentioned that the complainant / petitioner had purchased one Mini-Truck, open body, in order to promote its business. Consequently, this a commercial transaction. The title of the petition itself mentions ‘Sri Sai Industries’ , GA 328A, MIA, Alwar, through its Partner, Sh. Pawan Arora. The present case is not covered by Explanation appended to Section 2(1) (d) (ii) of C.P. Act, 1986, which mentions : “Explanation.— For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment”. 3. The question of a partner earning his livelihood by means of self-employment does not arise. Consequently, we accept the revision petition No.339/2016, filed by OP to set aside the order rendered by the State Commission and dismiss the complaint. The revision petition No. 1227/2016, filed by the complainant for enhancement of the amount stands dismissed for the above said reasons. However, the complainant is given liberty to approach the appropriate forum / civil court for redressal of its grievances, as per law. 4. The amount deposited by the OP – Mahindra & Mahindra Ltd., with the District Forum, be returned after expiry of 90 days’ from today, along with interest accrued thereon, if any. District Forum ordered, accordingly. Both the revision petitions stand disposed of. |
