Order No. 13                                                                  Date: 30.04.2021

This order has arisen out of an application filed by the O.P No. 1 which has been registered as MA-02/2019 challenging the maintainability of the case as per grounds stated in the petition.

Ld. Adv. for the O.P No.1/ petitioner stated that the complainant purchased the vehicle in question for commercial purpose and he used the vehicle as Uber rental car for earning profit and therefore, the petitioner stated that the instant case is not maintainable.

On the other hand, the complainant/O.P of this petition filed W/O against the aforesaid petition and contended that the petition filed W/O against the aforesaid petition and contended that the petition filed by the O.P No.1 is misconceived false, baseless etc. and it has been filed for harassing the complainant.

It is stated in the W/O that the complainant has purchased the vehicle for the purpose of earning his livelihood and therefore the case is well maintainable before this District Forum/Commission.

The main dispute in the case is related to paper of this vehicles and transfer of ownership.

Hd. both side.

It appears from the petition filed by the O.P No.1 W/O and other materials on record that the complainant is a driver having proper licence to drive the vehicle as mentioned in the driving licence and he purchased the vehicle in question from the O.P No.1for earning his livelihood.

From the averments of the complaint petition it is seen that the complainant has purchased the vehicle for earning his livelihood.

In view of explanation clause appended to section  2(1)(d)   of the C.P.Act,1986 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.

In our view the complainant has purchased the car earning his livelihood and he comes under the explanation clause and therefore the case is well maintainable before the District forum/Commission.

Consequently the prayer of the O.P No. 1/Petitioner is rejected.

The MA – 02/2019 is hereby rejected and disposed of.

          Member                                      Member    

          Dictated and Corrected by me

          Member