CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.190/2023
ANAND SHANKAR
S/O LATE BIJAY KUMAR CHOUDHARY,
CHOUDHARY VILLA, N.K. CHOUDHARY STREET,
LALUCHAK, GUMI NO. 12, NEAR SHITLA ASTHAN,
BHAGALPUR-812001, BIHAR,
PRESENT RESIDENT :-
NAGAR NIWAS, F-31, SECOND FLOOR,
JAWAHAR PARK, DEVLI ROAD,
KHANPUR- 110062, SOUTH DELHI.
CORRESPONDENCE ADDRESS.
BURNETT HOMEOPATHY PRIVATE LIMITED (BHPL),
B-1, 2ND FLOOR, INFRONT OF SAVITRI CINEMA,
GREATER KAILASH ENCLAVE 2,
SOUTH DELHI – 110048 …..COMPLAINANT
-
- SWAG STAY PRIVATE LIMITED/ SONU MEENA/ KARAN MAHTO (ADDRESS AS PER GSTIN)
H.NO. 65/1 KISHOR GOPICHAND RAI, WARD NO. – 6, ST BUS STAND, GANESHPETH, NAGPUR – 440018, MAHARASHTRA.
ALSO AT.
- SWAG STAY PRIVATE LIMITED/ SONU MEENA/ KARAN MAHTO (ADDRESS AS PER M.C.A.) PLOT NO. 64/65, F.NO. S1, SHREERAM KURTI PARISAR, SAINATH NAGAR KOLAR ROAD BHOPAL- 462042, MADHYA PRADESH
ALSO AT.
- SWAG STAY PRIVATE LIMITED/SONU MEENA/KARAN MAHTO:- OWN HOUSE- 181, NEAR VIDARBHA BAZAR, GANESHPATH, NAGPUR- 440018, MAHARASHTRA.
ALSO AT.
- SWAG STAY PRIVATE LIMITED/SONU MEENA/KARAN MAHTO:- HOTEL RAHUL, BUS STAND, NEAR VIDARBHA BAZAR, GANESHPATH, NAGPUR- 440018, MAHARASHTRA. …..DEFENDENT
Date of Institution-05.06.2023
Date of Order-22.09.2023.
O R D E R
MONIKA SRIVASTAVA– President
The complainant has filed the present complaint stating they carrying the work of organising “Homeopathy Ratan Samman Samaroh” at various places and for that purpose they had booked the stay at OP.
The definition of consumer as provided under the Consumer Protection Act states as under consumer
- means any person who buys any goods for a consideration……. but does not include a person who obtains such goods for resale or for any commercial purpose
(ii) hires or avails of any service for a consideration but does not include a person who avails of such service for any commercial purpose.
Explanation for the purposes of this clause
- the expression “commercial purpose” does not include used by the person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self employment;
- the expression “buys any goods” and “hires are avails any services” includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing.
The Hon’ble Supreme Court in “Rohit Chaudhary v. Vipul Ltd., 2023 SCC OnLine SC 1131” decided on 06-09-2023 held that:
the expression ‘commercial purpose’ has not been defined under the Act. Thus, the words ‘for any commercial purpose’ must be understood as covering cases other than those of resale of the goods. Thus, persons buying goods either for resale or for use in large-scale profit-making activity will not be a consumer entitled to protection under the Act. The Court, while going by the ordinary meaning of the expression ‘commercial purpose’, said that ‘Commercial’ denotes “pertaining to commerce”. However, the Explanation clarifies that even purchases in certain situations for ‘commercial purposes’ would not take within its sweep the purchaser out of the definition of expression ‘consumer’. The Court relied on Lilavati Kirtilal Mehta Medical Trust v. Unique Shanti Developers, (2020) 2 SCC 265, wherein, it was held that a straight jacket formula cannot be adopted in every case and the broad principles which can be curled out for determining whether an activity or transaction is for a commercial purpose would depend on facts and circumstances of each case. The Court said that if the dominant purpose of purchasing the goods or services is for a profit motive, such purchaser would not fall within the four corners of the definition of ‘consumer’.
Since the complainant had availed the services of the OP for a commercial purpose this Commission does not have the jurisdiction to try the present complaint.
The complaint is being returned to be filed in appropriate jurisdiction.
