By. G. Yadunadhan, President:<br /> <br /> The case of the complainant is that the complainant purchased one table scale (weighing machine) from the opposite party on 16.11.2004 for Rs.1700/-and the machine was found not functioning properly. That fact was informed to the opposite party and the complaint entrusted the machine to the opposite party. At the time of entrusting the machine, the opposite party agrees that either replace or repair the machine within a week. The opposite party did not act accordingly. Hence the complainant seeking relief to compensate the complainant. Complainant claimed an amount of Rs.5000/- as compensation and Rs.1700/- towards the cost of machine with 18 % interest till the realization of the above amount.<br /> <br /> Opposite party filed version denying all the allegations in the complaint. The contention of the opposite party is that the complainant has no locus standi to approach the Hon’ble Forum with a complaint as he is not a consumer as defined under the Consumer Protection Act, since he is doing business in the sale of weighing machines and has purchased the machine for re-sale. It is proved that the complainant had purchased weighing machine “Delta 5 kg. Counter scale” from the opposite party on 16.11.2004. The said machine was sold to the complainant in the stamped condition and the complainant had purchased the same after pre-delivery inspection and getting convinced that the machine is in absolute working condition. The allegation of the complainant that the weighing machine was purchased for his personal use is not at all correct. The weighing machine was purchased by the complainant for selling the same to his customer. The complainant while entrusting the machine for repair to the opposite party told that the machine had fallen down on the floor and sustained damages while transporting to Kasaragode by the customer who purchased the same from the complainant. The opposite party examined the weighing machine and found that the liver was broken and two bearings were missing and also other damages. The opposite party repaired the machine and informed the complainant to take the machine after payment of Rs.575/- being cost of the broken/damaged parts. But the complainant was not ready to pay the cost of the broken/damaged parts and wanted a replacement of weighing machine free of cost. No service deficiency, unfair trade practice, cheating or negligence has happened on the part of the opposite party. There is absolutely no manufacturing defect to the weighing machine sold to the complainant by the opposite party. Opposite party is not liable to pay any compensation to the complainant as prayed for in the complaint. Hence the complaint may be pleased to dismiss with cost.<br /> <br /> Points for consideration: (1) Whether the complainant is a consumer? (2) If so, what is the relief and cost?<br /> <br /> Complainant was examined as PW1 and Ext. A1 to A4 were marked. Opposite party was examined as RW1 and Ext. B1 to B3 were marked.<br /> <br /> That the well settled position is if a person is a trader of goods and doing business of selling of finished goods to others, he will not come under the purview of the Consumer Protection Act. It is the admitted case of the complainant that he is a self-employee businessman with name and style “Lahar Scales” and also he purchased weighing machine in a bulk quantity from Venketeswara Weighing Services for selling purpose. So the complainant will not come under the definition of Consumer. Hence the point is answered against the complainant. <br /> <br /> In the result the petition is dismissed with no cost.<br /> <br /> Pronounced in open Court this the 4th day of August 2008.<br /> <br /> Sd/- Sd/- Sd/-<br /> PRESIDENT MEMBER MEMBER<br /> APPENDIX<br /> Documents exhibited for the Complainant:<br /> A1 Photocopy of Invoice No.215 dated 16.11.2004.<br /> A2 Photocopy of Receipt showing receipt of weighing machine for <br /> Repair.<br /> A3 Photocopy of letter dated 17.1.2005 from the complainant to the<br /> Opposite party.<br /> A4 Photocopy of letter dated 7.2.2005 from Opposite party to M/s. <br /> Lahar Scales, Perambra.<br /> A5 Photocopy of Lawyer notice dated 4.6.2005.<br /> <br /> Documents exhibited for the Opposite party:<br /> B1 Photocopy of Invoice N o.215 dated 16.11.2004.<br /> B2 Photocopy of Certificate of Verification issued by Asst. Controller of<br /> Legal Metrology, Kozhikode..<br /> B3 Photocopy of Receipt of Service.<br /> B4 Copy of Letter dated 14.2.2005.<br /> B5 Copy of Lawyer Notice dated 21.6.2005.<br /> B6 Photocopy of Certificate of Verification issued by the Inspector, <br /> Legal Metrology, Kozhikode.<br /> <br /> Witness examined for the Complainant:<br /> PW1 Rajeev, S/o. Bhaskaran Nair, Ananthapuri House, Atholi.<br /> <br /> Witness examined for the Opposite party:<br /> RW1 Gopinath, S/o. T.K. Balan, Delta Scales, R.C. Road, Kozhikode.<br /> <br /> -/True copy/-<br /> Sd/President.<br /> <br /> (Forwarded/By Order)<br /> <br /> <br /> <br /> Senior Superintendent.<br />