BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD                                        :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

SMT. LIJU B. NAIR                                  : MEMBER

C.C. No. 268/2014 Filed on 11.07.2014

Dated: 31.07.2014

Complainant:

 

Biju Krishnan, Proprietor, Krishna Traders, Balaramapuram, Thiruvananthapuram.

 

                             (By adv. S. Balachandran Kulasekharam)

Opposite parties:

1. Samsung India Electronics Pvt. Ltd., represented by the Sales Manager, 2^nd Floor, Tower-C, Vipul Tech Square, Sector 43, Gurgaon-122 009, Haryana, India.

2. The Proprietor, Madhava Enterprises, T.C 43/498(3), Koodaram, Ganga Nagar 67 B, Kamaleswaram, Manacaud P.O, Thiruvananthapuram-9.

This C.C having been heard on 30.07.2014, the Forum on 31.07.2014 delivered the following:

ORDER

SRI. G. SIVAPRASAD:  PRESIDENT

Complainant herein is a reputed businessman in Trivandrum, that complainant is conducting sales of home appliances business and is having branches of Krishna Traders at Neyyattinkara and Kattakkada.  The allegation raised in the complaint is that complainant purchased TV units from the 2^nd opposite party for business purpose, which were damaged and dead.  Though 2^nd opposite party guaranteed the complainant to replace the damaged units, the same were not replaced in spite of repeated requests.  On going through the complaint, it is found that the goods in dispute were purchased for commercial purpose.  As per Sec. 2(1)(d)(ii) consumer means any person who buys goods for a consideration but does not include a person who obtains such goods for resale or for any commercial purpose.  In view of the above definition complainant herein does not come under the purview of consumer.  Complainant is not a consumer and no consumer dispute involved in it.  Hence complaint deserves to be dismissed at admission stage as not maintainable before this Forum. 

In the result, complaint is dismissed as not maintainable before this Forum.  Complainant is at liberty to approach appropriate authority for redressal of grievances if any.   

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. 

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31^st day of July 2014.

 

Sd/-

G. SIVAPRASAD                   : PRESIDENT

 

          Sd/-

R. SATHI                      : MEMBER

 

          Sd/-

                                                                        LIJU B. NAIR                : MEMBER

 

jb