O R D E R <br /> <br /> <br /> <br /> <br /> <br /> SRI. D.KRISHNAPPA., PRESIDENT., <br /> <br /> <br /> <br /> 1. The grievance of the complainant against the OPs in brief is, that it is a leading Garment manufacturing company carrying on its business in address. That OP is a manufacturer and supplier of Zips, Buttons, all types of metal snap buttons etc., that he had placed orders with OP for supply of snap buttons on 20/05/2008 by paying Rs.40,000/- through a cheque. OP has received that amount and agreed to supply buttons within stipulated time. But delayed supplying without any reasons. OP has received another Rs.40,000/- on 20/06/2008 in cash and issued acknowledgement as per the bank statements. The OP in all has received Rs.80,000/-. That he is sent a letter on 24/10/2008 to the OP to refund his money but has not. Hence prayed for refund of Rs.80,000/- and Rs.40,000/- towards loss and damage. <br /> <br /> <br /> <br /> 2. Ops has appeared through his advocate and filed version contending that the complainant is not maintainable as the complainant is not as consumer as defined under Sub-Section (d) (1) of section 2 of the Act as the complainant placed order purchase for commercial purpose. OP admitting receipt of Rs.40,000/- on 20/05/2008 denied payment of other Rs.40,000/- alleged made 20/06/2008 and denying the other allegations and is liability has prayed for dismissal of the complaint.<br /> <br /> <br /> <br /> 3. In the course of enquiry into the complaint, the complainant and OP have filed their affidavit evidence reproducing what they have stated in their respective compliant and version. The complainant produced copies of his account abstract, copies of certain E-Mail correspondence and a copy of legal notice he had sent. OP has not produced any documents.<br /> <br /> <br /> <br /> 4. Counsel for the complainant has filed written arguments. We have heard the counsel for the OP and perused the records.<br /> <br /> <br /> <br /> 5. On the above contentions, following points for determination arise.<br /> <br /> <br /> <br /> 1. Whether the complainant is a consumer as defined <br /> <br /> under the Act and the complainant is not <br /> <br /> maintainable?.<br /> <br /> <br /> <br /> 2. Whether he proves that he paid Rs.80,000/- to the <br /> <br /> OP as caused deficiency in their service either by <br /> <br /> not supplying the buttons or any refunding <br /> <br /> the money?.<br /> <br /> <br /> <br /> 3. To what relief the complainant is entitled to ?<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Our findings are as under:-<br /> <br /> <br /> <br /> Point No: 1 in the negative.<br /> <br /> Point No: 2 don’t arise for consideration.<br /> <br /> Point No: 3:See the final order.<br /> <br /> <br /> <br /> REASONS: POINT No:1:: <br /> <br /> <br /> <br /> As evident from para 3 of the complaint and also para 3 of the affidavit evidence filed by the complainant the complainant has described himself as a leading garment manufacturing company carrying on its business in address as mentioned in the cause title and he had placed order to OP for supply of Zips Buttons etc., OP has not supply them. OP his version and also in the affidavit evidence contended that the complainant since his carrying on commercial activity and ordered for supply of Buttons for stitching them to garments which meant for sale and therefore the complainant is not a consumer as defined U/S 2.1 (d) of the Consumer Protection Act. As rightly pointed out by the counsel for the OP a Consumer or a persons who obtains goods for resale or for any commercial purpose is not a Consumer as defined above to present. Complaint before the Forum admittedly the complainant intended to the buttons from the OP for stitching them to garments his manufacturing in term to sale the garments for profits. Therefore the buttons which part of garments meant for sale a not for personal use of the complainant as such the transaction complained by the complainant his commercial one OP a complainant his not a consumer and the complaint is therefore, is not maintainable and is liable to dismissed. Because of this reason this Forum need not go to consider point No:2 and thereby passed the following order.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> <br /> <br /> Complaint is dismissed. As not maintainable. <br /> <br /> <br /> <br /> Dictated to the stenographer. Got it transcribed and corrected. Pronounced in the open forum on this the 21st May 2010.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />