Perused the case record. Date has been posted to today for order on the point of admission of the case.

                    The facts of the case as narrated in the complaint are to the effect that, the complainant is a contractor in the project of O.P in Jajpur District . The nature of work entrusted to the Complainant/contractor is pipeline laying and earth work excavation. Accordingly the complainant was obtained a work Order to complete the work successfully. But O.P did not execute the conditional payment order in lieu of work Order. Hence this petition filed by the complainant to direct the O.P to refund the outstanding including GST.

                    Prior to admit the case notice was issued to O.P to appear and file objection. O.P appeared through his authorized agent & objected to admit the case.   As to him the present petitioner is not  maintainable U/Sec 35 of consumer protect Act-2019 & complainant is not a consumer  as defined Under section 2(7) of C.P Act 2019.

 Heard learned counsels for parties.  U/Sec 35 of consumer protect Act-2019  is :-

                           35. (1) A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission by-

(a) the consumer,-

(i) to whom such goods are sold or delivered or agreed to be sold or

delivered or such service is provided or agreed to be provided; or

(ii) who alleges unfair trade practice in respect of such goods or service;

(b) any recognized consumer association, whether the consumer to whom such

goods are sold or delivered or agreed to be sold or delivered or such service is provided

or agreed to be provided, or who alleges unfair trade practice in respect of such goods or service, is a member of such association or not;

section 2(7) of C.P Act 2019 is :-

                  (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 promised, 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

            Definition of consumer: A consumer is defined as a person who buys any good or avails a service for a consideration. It does not include a person who obtains a good for resale a good.

                 Who is a not a consumer:-

 • A person who obtains goods free of charge

• who avails services free of charge

• who obtains goods for resale or for any commercial purposes

• who avails services for any commercial purposes

• who avails services under contract of service for commercial purpose. 

         National Consumer Disputes Redressal Commission In the year 1991  it has been decided by the Hon’ble  Justice Balkrushna Eradi  ,President  and Hon’ble   Bijendra Singh ,Member that-

      Consumer Protection Act ,1986 Section 2(1)(d) and -14- contract-   A contractor who has undertaken to perform a work of construction can not , by any stretch of reasoning , by regarded as a person who has entered into an arrangement of hiring of  service with the  other party merely on the ground  that  he has undertaken to supply the meterial as  cement etc- Complainant/ appellant does not fall in the definition of a consumer.

                                 Here, the persons seeking relief filing complaint appears to be not a ‘consumer’ but ‘service provider’/contractor, who could not have maintained a complaint before consumer Commission.  Having considered the nature of complaint and this being not a ‘consumer dispute’, we accordingly, reject the complaint.

                                                       Complaint Rejected.