Complainant takes no step today. Today is fixed for admission hearing. The record shows that 15.03.23 was fixed for admission hearing but no steps was taken by the Complainant. Today i.e. 23.03.23 is also fixed for admission hearing but it is a matter of regret that no step is taken by the Complainant. The case of the Complainant in short is that He gave Rs. 22,000/- to the OP for purchasing bundle counting machine but the OP has not delivered the same to the Complainant. The Complainant sent legal notice to the OP but the legal notice was returned with the endorsement ‘’Not Known’’ and ‘’Left’’. The District Commission has jurisdiction to decide the following two issues/points – - Whether there is any defect of goods or
- Whether there is any deficiency in service.
In the instant case the Complainant had not received the goods from the OP and as such this District Commission has no scope to decide whether there is any defect of goods. It was held by the Delhi State Consumer Disputes Redressal Commission, New Delhi that a person only entering into an agreement to buy an article would not fall in definition of consumer till he bought the article …......Sharad Srivastava v. Anil Bali & another............(2004) 1 CPR 352. Under such circumstances we are not in a position to admit the complaint and as such the complaint is liable to be dismissed. Hence, it is ORDERED that the instant case No. CC/20/2023 is not admitted and as such it is dismissed on merit. Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action. The Final Order will also be available in the following Website: confonet.nic.in Dictated & corrected by me. President Member Member President | 
