By Justice A. Potsangbam

                        Heard Dr. B. Ahmed,learned counsel, appearing on  behalf of the complainant and also Mr.N. Goswami, learned counsel appearing for the opposite party.

                        This complaint relates to installation of transformer in an  industrial premises where the complainants industry used  to manufacture commercials articles  which is clearly evident in para 10 of the complaint. The complaint had gone to  Civil Court and on appeal before High Court on the issues raised in the  complaint. However , Mr. Ahmed submitted that the issues in those cases are different  from the issues raised in this complaint. We are not making any comment on this.

                       Section  2 (d)(ii) (explanation) of the consumer Protection Act,1986, was brought  in the statue book my an amendment with effect from 15/03/2003 and  the  Explanation mentioned above is hereby quoted below.

                      Explanation for the  purpose of this clause commercial purpose does not include use by a person of goods bought and used by him and services availed  by him exclusively for the purpose of earning his livelihood by means of self-employment.

                      Admittedly, grievance of the complainant relates to installation of  transformer in connection with the production in his industry, therefore, his case is it by the  aforesaid explanation. At  this stage, Dr. Ahmed has fairly submitted that even if this complaint is not  entertained, on the ground of explanation quoted above, the complainant may be given liberty to approach any appropriate Forum.

The prayer for liberty is not objected to by Mr. N.Goswami, learned counsel, appearing for the opposite party.

                       In view of the above submission of the learned counsel appearing for the parties, the Complaint is dismissed on withdrawal with liberty to approach any appropriate Forum, if so advised.