The case record is put up today for hearing on the point of admission.
Heard the Advocate for the Complainant. Perused the complaint petition. It is seen that the Complainant has mentioned in his complaint petition that he is a business man by running the trucks on hire basis since long. The utterance of very word “he is a business man by running the trucks on hire basis”, a pivot question crept in the mind of the Commission as to whether the Complainant is a Consumer or not ? In this connection Section- 2 (7) (i) 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 ...”
In the above facts and circumstances, it is clearly made out that the Complainant is a business man and running the trucks on hire basis only for his business purpose, that means for commercial purpose. Therefore, the Complainant here in this case is not a Consumer and thus, the case is not maintainable.
Accordingly, the case is disposed of as not maintainable.