Maharashtra

DCF, South Mumbai

CC/11/226

MR. AMIT DEVENDRA SHARMA - Complainant(s)

Versus

THE NEW INDIA ASSURANCE CO LTD - Opp.Party(s)

01 Aug 2011

ORDER

 
Complaint Case No. CC/11/226
 
1. MR. AMIT DEVENDRA SHARMA
203 SHREEJI TOWERS,GEETA NAGAR,PHASE 3, MIRA ROAD
THANE
MAHARASHTRA
...........Complainant(s)
Versus
1. THE NEW INDIA ASSURANCE CO LTD
D O NO.111400,MITTAL CHAMBER,1ST FLOOR,NARIMAN POINT
MUMBAI
MAHARASHTRA
............Opp.Party(s)
 
BEFORE: 
  SHRI.S.B.DHUMAL. HONORABLE PRESIDENT
  Shri S.S. Patil , HONORABLE MEMBER
 
PRESENT:
 
ORDER

PER SHRI. S.B.DHUMAL - HON’BLE PRESIDENT
                Heard Ld. Advocate Ms. Premlata Jain for the Complainant. Complainant has engaged services of the Opposite Party Nos.1 & 2 for conducting E-commerce auction in respect of mobile crane. Auction was conducted and result was declared on 25/08/2009 and tender of the Complainant was accepted by the Opposite Party No.2. Vehicle was given to the Complainant. Complainant paid the earnest amount of Rs.2,50,000/- on 09/09/09. However, documents relating to auction were not given to the Complainant. It amounts to deficiency. 

As the above transaction is a commercial transaction, the Complainant is not a consumer as per the definition under Sec.2(1)(d)(ii) of the Consumer Protection Act, 1986. Hence, this complaint is not maintainable under the Consumer Protection Act, 1986. Therefore, complaint is disposed off with no order as to cost.

 

 
 
[ SHRI.S.B.DHUMAL. HONORABLE]
PRESIDENT
 
[ Shri S.S. Patil , HONORABLE]
MEMBER

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