Sh. Jitender Tokas V/s                     M/s Tara Machine & Tech.

                                                                                            Services Pvt. Ltd.           

 Since none has been appearing on behalf of the complainant since 23.12.14, notice for pairavi was issued to him for today vide dispatch No.617 dated 30.03.17. As per the track report which we mark  as Mark A the notice has been delivered to the complainant. Despite service of notice, none appeared on his behalf through the matter has been kept pending till 1 p.m.

 Pleadings are complete. Evidence is also complete. Therefore, we proceed to decide the case on merits.

Heard the counsel for the OP. The dispute is with regard to some defects in Tara Mek-Ram-MV (Brick Manufacturing Machine) TARA Mek- Ram MV Semi- Machanised twin station Fly-Ash Blocks making with standard mould ( 20 x 95 x 100mm) 02 Block each per cycle powered by 5HP Motors- 01 no Pan Mixer of capacity 300 Kgs. Powered by 7.5 HP Motors alongwith-1 Nos. of Hydraulic Brick Shifting Trolley-2 Nos.

According to the complainant, the OP did not refund the amount of sale consideration of Rs.6,56,000/- which caused mental agony, tension, harassment, business loss and wastage of material approximately Rs.2,50,000 number of bricks to him. Thus, he is entitled to compensation and damages of Rs.10 lacs.

The plea taken on behalf of the OP is that the complainant has purchased the machine in question for commercial purpose for supplying the product to other companies and hence the complainant is not a consumer as defined under the Consumer Protection Act.

 We find sufficient weight in the contention raised on behalf of the OP.  The purchase of such a heavy machine in itself proves that the complainant had purchased the same for manufacturing of goods.  Causing of business loss to the complainant also proves that the complainant had purchased the machine in question for commercial purpose and not for earning his livelihood. Hence, he is not a ‘consumer’ as defined in the Consumer Protection Act. 

In view of the above discussion, we do not find any merit in the complaint. We dismiss the complaint with no order as to costs.

Let a copy of this order be given dasti to the Counsel for the OP and copy be also sent to the complainant through speed post.  File be consigned to record room.

Announced on 04.05.17.