Complainant files hazira through his ld. Advocate.

The matter of admission hearing of the case is taken up for consideration. Heard ld. Lawyer for the complainant over the aforesaid matter.

The complainant has come up with the instant application claiming repairing cost of Rs. 85,000/- of the Electronic Endloflator SCB machine of the complainant’s Nursing Home as also compensation for the defect caused for using Carbon-di-Oxide gas cylinders which were purchased by the complainant for their nursing home on 13-11-2011. Ld. Advocate appearing on behalf of the complainant has referred two decisions reported in I (2009) CPJ 152 (NC) and 2006 (2) CPR 66 (NC) with the contention that incase defects develop within warranty, even if machine is purchased for commercial purpose, purchaser may be treated as consumer. 

We have gone through the instant complaint and photocopies of documents kept in the record.

On perusal of those rulings as cited on behalf of the complainant it appears that Hon’ble National Commission has been pleased to observe that even if machine is purchased for commercial purpose and defect occurs during period of warranty, purchaser will be treated as consumer.

In the present case, the complainant did not make any statement that he purchased any machine for his nursing home rather, it is the allegation on the part of the complainant that the gas cylinders purchased by him from the OP were defective for which the Electronic Endloflator SCB machine of his nursing home became inoperative.  In our considered view, therefore, the aforesaid decisions referred on behalf of the complainant are not applicable in the facts and circumstances of this case. On due consideration of the facts and circumstances of this case and the prima facie materials on record we are of view that the complainant purchased the gas cylinders in question for commercial purpose for which he cannot be treated as consumer as defined u/s 2(d) of the Consumer Protection Act.

In the facts as aforesaid, the instant complainant case cannot be accepted and as a result the same deserves rejection.

Accordingly, it is

ORDERED

that the instant application being consumer case no. 02/2012 is rejected since not maintainable.

                                                Sd/-                                            Sd/-

                                                S. S. Ali                                     A.K. Bhattacharyya

                                                Member                                     President