The case is posted today for admission hearing. Advocate for the complainant is present & files hazira. Perused the complaint petition along with documents filed by the complainant. Heard the Advocate for complainant on the point of admission. On perusal of the complaint petition, it is seen that the complainant has mentioned that he is the owner of M/s. Ganapati Aluminium Industry, a small scale industry, located at Madhipur, Remuna. The complainant is an industrialist by running the aforesaid industry since long. The utterance of very work “he is the owner of one established industry” a pivot question crept in the mind of this Commission as to whether the complainant is a consumer or not? In this connection, Section 2(7) of C.P. Act, 2019 speaks as follows-

                               Section- 2 (7) “Consumer” means any person who -

(i)  “buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or  

(ii)        hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promi9sed, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.” 

                                         Apart from it, Consumer Commissions are established under the Consumer Protection Act to address consumer grievances related to goods and services. They have jurisdiction over disputes arising from deficiencies in services, unfair trade practices, or defective products and Consumer Commissions are accessible to consumers seeking redressal for their complaints. Further, from the complaint petition, it is also made out that a case under the SARFAESI Act is made out. The SARFAESI Act primarily deals with secured creditors’ rights to recover dues from defaulting borrowers. The SARFAESI Act does not specifically address consumer disputes or consumer protection. Therefore, the complainant here in this case is not a consumer and thus, the case is not maintainable.

                                         Accordingly, the case is not admitted and disposed of as not maintainable.