DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL) ISBT KASHMERE GATE, DELHI – 110006
CC No. 12/2018
No. DF/Central
Rakesh Kumar
S/o Late Shri Mahesh Chand
R/o A / 2-71 Subhash Kansal Marg,
Harsh Vihar, Delhi - 110093 …… COMPLAINANT
VERSUS
1. T.R. Sawhney Motors Pvt. Ltd.,
Ground Floor, Mahatma Gandhi Marg,
Indraprastha, Opposite, W.H.O.
New Delhi – 110002
2. Maruti Suzuki India Ltd.,
1, Nelson Mandela Road,
Vasant Kunj, New Delhi - 110070
…..OPPOSITE PARTIES
Ms. Rekha Rani, President
Dr. Vikar Kumar Dabas, Member
Mrs. Manju Bala Sharma, Member
ORDER 08 February 2018
Mrs. Manju Bala Sharma
1. Instant complaint has been filed by the complainant on 12/01/2018 alleging
therein that the complainant purchased a CNG car for commercial use on 15/06/2016 from OP 2, the authorise dealer of OP 1 for a sum of Rs.3,97,413/-. It is further alleged that the car was delivered on 20/06/2016 along with the Insurance Policy in which it is mentioned that the car was fitted with CNG Kit whereas the RC of Vehicle did not mention about CNG fitted in car and only petrol is mentioned as fuel consumption. The complainant approached OP 1 who assured that a new RC will be issued mentioning use of CNG within a week but till date new RC has not been given to the complainant for which complainant suffered financial loss as it cannot earn income from commercial vehicle. The complainant has further alleged that due to non mentioning of CNG in the Registration Certificate complainant cannot drive his commercial vehicle and as such he is being deprived from earning his regular monthly income i.e Rs. 30,000/- at least from the date of purchase of the said car. The complainant issued legal notice on 16/11/2017 to the OPs but OPs neither respond to the notice nor complied with the notice.
Pleading deficiency in service on the part of OPs complainant prayed that OPs be directed to replace the Registration Certificate mentioning use of fuel ‘CNG’ from ‘Petrol’ compensation of Rs. 18,40,000/- for deficiency of service, mental agony and physical suffering suffered by the complainant.
Heard on the maintainability of the complaint. Complainant has purchased the commercial car for commercial use. In para 6 of the complaint, the complainant has specifically mentioned that due to non-mentioning of CNG in the Registration Certificate the complainant is unable to drive commercial vehicle hence is deprived from regular monthly income. Allegations made in the complaint clearly show that substance of the complaint is to generate income from the vehicle purchased by the complainant, hence a commercial purpose. There is nothing in this complaint that purchase of car by the complainant is exclusively for the purpose of earning of his livelihood by means of self-employment.
Hon’ble Supreme Court in Laxmi Engineering Works V/s PSG Industrial Institute, AIR 1995 SC 1428 in Para No. 24 has held as under :
- the explanation added by the Consumer Protection (Amendment)
Act 50 of 1993 (replacing Ordinance 24 of 1993) with effect from 18.06.1993 is clarificatory in nature and applied to all pending proceeding.
(ii) Whether the purpose for which a person has bought goods is a ‘’commercial purpose’’ within the meaning of the definition of expression ‘’consumer’’ in section 2 (d) of the ACT is always a question of fact to be decided in the facts and circumstance of each case.
(iii) A person who buys goods and use them himself, exclusively for the purpose of earning his livelihood, by means of self employment is within the definition of the expression ‘’consumer’’.
Looking to the above facts and circumstances we are of the considered opinion that complainant is not a consumer within the provision of Section 2 (1) (d) of the Consumer Protection ACT 1986 and present complaint of the complainant is not maintainable in this Forum.
As complainant is not a consumer, the complaint is dismissed as not maintainable. File be consigned to record room.
Announced on this 08th Day of February 2018.
