DATE OF FILING: 7.11.2012.
DATE OF DISPOSAL: 25.7.2016.
Miss S.L.Pattnaik, President:
The complainant has filed this consumer complaint under section 12 of C.P.Act, 1986 alleging defects in goods and redressal of his grievance before this Forum.
Briefly stated the fact of the case is that the complainant is engaged in the business of computer selling under the name and style of “Data line computer”. The complainant filed this consumer complaint before this Forum alleging that he purchased an AOC 18.5” LCD Monitor from the local dealer of the O.P.No.1 i.e. from the Altek Solutions, Gandhi Nagar Main Road, Berhampur for Rs.5,200/- vide invoice serial No.3 dated 2.4.2011. After purchased the LCD Monitor was found to be defective as there is a spot in the display for which no customer is intending to purchase the said monitor. The defect was brought to the notice of the dealer for its replacement or to make it defect free by removing the said spot on the display and handed over the said defective LCD monitor to the O.P.No.2 i.e. the authorized service centre of the O.P.No.1 as per the advice of the local dealer. The O.P. No.2 received the same and issued an official receipt vide work order No.3254 dt.4.4.2011 and assured that he will make it defect free within 15 days or if requires it will be replaced by another new LCD monitor within one month positively. Although in the meantime more than two months have been elapsed, neither the O.P.No.2 make it defect free nor replaced the said monitor. On being enquired, the O.P.No.2 carelessly replied to wait till this done which tentamounts to deficiency in service. Finding no other way, the complainant issued a legal notice to O.P.No.1 & 2 who received the same but neither rectified the defect nor replied the said notice. The complainant alleged that he is a paltry businessman since his hard earned money is being sterile; he is facing hardship in maintaining his business rotation and so also to meet his family expenditures. Being aggrieved by the activities of O.Ps and as he is a bonafide customer of O.P.No.1 and always depending his products on the O.P.No.1 for his business purpose to maintain his livelihood, he filed this case with a prayer to direct the O.Ps to
(i) Either repair or replace the defective monitor or refund the cost of the monitor as well as;
(ii) To pay compensation of Rs.5000/- for harassment and mental agony and Rs.5000/- towards costs of the litigation and any other order as deem just and proper by the Forum in the interest of justice.
In support of his case the complainant filed the following documents which are attached to the case record.
(1) Copy of retail invoice of Akon Infotech, Gandhinagar, Berhampur
(2)Copy of memo of service centre issued by Altek Solutions,
(3)Copy of legal notice dated 2.6.2011 issued to the O.Ps.
Notices were issued against the Opposite Parties but they neither choose to appear nor filed any written version, hence declared set exparte by this Forum on 3.9.2013 and 6.6.2016 respectively. On dated 6.6.2016 when the case was called on for argument, the complainant also absent but in the interest of justice we perused the case record in detail and after going through the materials therein we decided to dispose of the case on merit.
As per merit and on perusal of the complaint petition and all the relevant papers it appears that the complainant is in the business of computer selling. Admittedly, as per the averment in Para-VI of the complaint, he is a paltry businessman and his hard earned money is being sterile, for which he is facing hardship in maintaining his business rotation. At Para (i) and (iii) he has mentioned that he is engaged in computer selling and no purchaser is intending to purchase the monitor in question due to defect in the set. This clearly indicates that the subject monitor set was purchased by the complainant for resale and it is clearly for commercial purpose. In the instant case the complainant assumed dual capacity being purchasers as well as sellers of the goods at the same time.
As per the provision of Section 2 (1) (d) (i) of the Consumer Protection Act, when the goods are obtained for the resale and for any commercial purpose, the person ceases to be a consumer. In the facts and circumstances of the instant case the goods purchased was not for self consumption but ultimately was for resale and was for commercial purpose with a view to make profit.
Hence in the aforementioned circumstances, in our view, the complainant not comes within the definition of consumer as per settled law. Further, the complainant also not made party to the dealer i.e. “Akon Infotech”, Gandhinagar, Main road, Berhampur from whom he has purchased the said monitor in question vide bill No.3 on dated 2.4.2011 who is a necessary party to this case. Above all, this is a case of commercial purpose and the complainant has clearly mentioned that he is a businessman and the LCD monitor was purchased for resale purpose whose ultimate purpose is to earn profit. In view of the above, since the case comes under commercial purpose, this Forum dismiss the case due to devoid of any merit.
In the result we dismissed the case. No costs.
Order is pronounced in the Forum today on 25th July 2016.
Copies of the order be supplied to the parties free of cost.
