DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 662/2019
No. __________________ Dated: ____________________
IN THE MATTER OF:
1. Dr. SONIA OBEROI W/o SH. ASHWANI OBEROI,
2. Dr. NEETTU NARULA W/o SH. MANPAL NARULA,
BOTH C/o M/s AKSS COSMETICOLOGY CENTRE,
H. No. 538, SECTOR-33-B,
CHANDIGARH-160020. …COMPLAINANT (s)
VERSUS
TEKNO DERM MEDIQUIP PVT. LTD.,
THROUGH ITS DIRECTOR/MANAGER,
GD-21, BASEMENT, MAIN KOHAT ROAD,
PITAM PURA, NEW DELHI-110034. …OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMAD, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 20.08.2019
Date of Decision: 24.09.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainants have filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 therebyalleging that the complainants are running the clinic for earning the livelihood under the name of AKSS Medi Aesthetic & Cosmetology Clinic and on coming to know about the fact that the complainants
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required certain medical equipment/machines for the clinic, the representatives of OP approached the complainants and stated to be dealing in wide range of premium products with high result oriented most advanced specifications and the representatives of OP assured to provide prompt after sales service and believed upon the words of OP, the complainants purchased 3 machines from OP vide invoice no. 175 dated 31.01.2017 and the present complaint pertains to one IPL SHRA7C of an amount of Rs.2,19,048/- and the said machine has warrantee of 24 months. Thereafter, the aforesaid machine started giving problems within 7 months of purchase in August-2017 and the complainants made various telephonic calls to OP but the engineer of OP for the first time came to check machine for first time on 19.09.2018 however the engineer changed few parts from the machine which did not solve the problem and it was informed by the said engineer that the machine needed lamp replacement with the company possesses and since the problem could not be sort out by OP, the complainants again made request for problem in machine and OP informed the lamp needs to be changed which can be changed at Delhi centre only. Thereafter, machine was brought at Delhi however after reaching back to Chandigarh the machine was not found OK as same did not work and the complainants have paid heavy amount for machine and incurred expenses on conveyance for taking said machine to Delhi which does not solve the problem. Thereafter the complainants
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made several phone calls and emails to OP, but OP did nothing to rectify the defect in machine, as a result complainant had to purchase another machine and paid heavy price for same. The complainants felt cheated at the hands of OP as the material supplied to the complainantsare of degraded quality and OP had no expertise in repairing/rectifying the defects of the machine, OP is not having qualified and well equipped staff to deal with the defects in the machine sold by them and it appears that OP is importing machines from the other country and are selling same in India by giving false promise of after sales service. Further the complainants alleged that OP has totally overlooked the promises and commitments made with the complainants and has totally flouted with commitments made with the complainants, which is a total deficiency on the part of OP as well as an unfair trade practice. The complainants further alleged that the cause of action is still continuing as OP has not repaired/replaced the equipments despite repeated reminders and being in warrantee period, OP did not even considered it appropriate to adhere to the requests of the complainants which goes to show the callous and illegal attitude of the OP towards its customers. The complainants further said that the saidomission clearly amounts to deficiency in services and malpractices on the part of OP and due to which the complainants have suffered mental agony, financial loss and inconvenience and
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the complainants issued the legal notice dated 12.04.2019 and 22.04.2019 however even after receipt of same OP neither complied it nor replied same.
2. We have heard the Counsel for the complainants on the admissibility of the case and have considered the case of the complainants. As per the admitted case of the complainants, the complainants have purchased IPL SHRA7C 3 machines for commercial purposes.
3. The first and foremost question which arises for consideration is “whether or not the complainant is a consumer” as envisaged u/s 2 (1)(d) of the C.P. Act, 1986 and “whether the complaint is maintainable”.
4. In order to find answer to this question it would be useful to consider Sec. 2 (1)(d) of the C.P. Act, 1986, which defines the term “Consumer”. On reading the said Section it is clear that Consumer is a person who buys goods for consideration or hires or avails of service for consideration. There is an exception to the explanation by providing that if the person hires or avails service for consideration for commercial purpose, he would not be termed as “Consumer”.
5. We are not convinced with the submissions of the Counsel for the complainants. On a perusal of the complaint it is revealed that the complainants have made a payment of Rs.2,19,048/- on 31.01.2017 to OP for purchase of machine i.e. IPL SHR A7C for
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their Medi Aesthetic & Cosmetology Clinic i.e. commercial purposes. It clearly shows that the complainantsare dealing in commercial activities and have purchased the goods from OP for commercial purposes. Thus, the complainantsare not covered under the definition of the word “Consumer” as per Section 2 (1) (d) of the Consumer Protection Act, 1986. Thus, the complaint is devoid of any merit and the same is dismissed.
6. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 24th day of September, 2019.
BARIQ AHMAD USHA KHANNA M.K.GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY: SATYENDRA JEET
