DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 11th day of November 2009.

Present : Smt. H. Seena, President

Smt. Preetha.G. Nair, Member

Smt Banumathi.A.K, Member

C.C.No.149/2009

A. Prasanth Bose

S/o. Krishnan

Managing Director

Cost Plan Construction Management Service

C K Complex

Valiyangadi

Perinthalmanna

Malappuram - Complainant

(Adv.T.V. Praveenkumar)

V/s

1. The Manager

Somany Ceramics Ltd

Exhibition Road

West Hill

Calicut.

2. The Manager

Saud Sanitary and Tiles

Kumaramputhur

Mannarkkad

Palakkad - Opposite parties

O R D E R

Order by Smt. Seena.H, President

Case of the complainant is as follows:

Complainant is the Managing Director of an institution specialized in construction work. Complainant purchased floor and wall tiles from the 1^st opposite party for the construction work undertaken by the complainant. The grievance of the complainant is that the tiles supplied by the 1^st opposite party turn out be defective as against the assurance given by 1^st opposite party that the tiles are of high quality.

Complaint coming up for hearing on admission, the forum deliver the following.

- 2 -

We are of the view that the present complainant, as the Managing Director of the institution specialized in undertaking construction work will not come under the definition of Consumer as provided in section 2(1)(d) of the Consumer Protection Act. The said section specifically excluded persons who purchased goods for commercial purpose.

Hence without going into the merits of the case we dismiss the complaint.

Pronounced in the open court on the 11th day of November 2009

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

APPENDIX

Witness examined on the side of Complainant

Nil

Witness examined on the side of Opposite party

Nil

Exhibits marked on the side of the complainant

Nil

Exhibits marked on the side of the Opposite Party

Nil

Forums Exhibits

Nil

Forwarded/By Order

Senior Superintendent

Date of fair copy: 19/11/2009

Date of despatch: