Order no. 29      dt.22.11.2013

                Record is put up for order in respect of the petition dt.23.6.11 filed by o.p. no.1 challenging the maintainability of the case.

          We have gone through the petition dt.23.6.11 and the objection filed by the complainant thereto. Heard the ld. lawyers for complainant, o.p. no.1 and o.p. no.2.

          It has transpired that the complainant is a businessman and running his business in the name and style of M/s G.M. Trading Company and the complainant participated in an e-auction. All the allegations against the o.ps. relate to commercial purpose and as such the same does not come within the purview of C.P. Act, 1986.

          In all the relevant papers of the complainant as has been annexed in the petition of complaint there is embossment of Govt. Authorized Demolition Contractor. So it is obvious that the complainant is running his business for commercial purpose. The complainant has participated in e-auction to purchase some goods. In this content, we have relied upon the judgment passed by Hon’ble National Commission published in III (2013) CPJ 147 (NC). The instant complaint is not maintainable as the goods in question was purchased in auction.

          O.p. no.2 also argued that the present case is not maintainable for the aforesaid reasons and they have mentioned it in their w/v.

          Complainant has argued that the complainant is running his business for his livelihood including his family members. But it is not mentioned that he has running his business for his livelihood by means of self-employment.

          Therefore, the Forum has no jurisdiction to entertain the case and as such, the petition dt.23.6.11 filed by o.p. no.1 is allowed in respect of challenging the maintainability of the case..

          Hence, ordered,

          That the case is dismissed as the case is not maintainable before the Consumer Forum. Thus the petition dt. 23/06/2011 filed by the o.p.1 is disposed of .

          The complainant is at liberty to agitate the issue before the Appropriate Forum on the self same cause of action.

          Plain copy of this order be supplied to the parties.