ORDER                                    Dated:  16-01-2017

Mohd. Anwar Alam, President

1. The complainant has filed this complaint on 20-08-2015 and alleged that on 18.08.2011 he has purchased a Spring Mattress, Size 78/70/8 and paid Rs. 9,811/- for the same. The invoice for the said mattress was drawn in favour of complainant’s firm i.e. G. Lal & Sons and mattress was delivered the at complainant’s residential address. Complainant further alleged that in the month of June 2013, some defects in the said mattress found pertaining to its tenderness and adjustment of the spring and he called OP1 who checked the mattress and found the defects and promised him for  replacement of the said mattress within a period of one week.  Complainant sent a letter dated 27.7.2013 to OP1 and  stated in detail the grievance.  On 21.01.2015 the complainant had again delivered detailed complaint to OP  but to no avail. Hence there is deficiency in service on the part of OPs and complainant prayed to direct the OPs to pass an order  to the OP to replace the existing defective mattress of the superior quality and to pay a sum of Rs. 30,000/-  towards the mental agony suffered by the complainant and to pay Rs. 5,000/- as cost of litigation.
2. On 08.02.2016 Ex-parte proceeded again OP1.
3. In reply OP2 denied all the allegations made in the complaint and clarified that the invoice is in the name of M/s G.L. & Sons which is prima facie a commercial entity  who purchased the spring mattress on 08.08.2011. The alleged defect was detected in June 2013 and the complaint was filed in July 2015 therefore this complaint is also barred by limitation.
4. The complainant has filed rejoinder to the written statement and submitted that he had purchased the spring mattress from the OP on 18.08.2011 and defect was detected in  June 2013. The representative of the OP promised for the replacement but OP2 did not  replaced the said mattress despite so many efforts. Complainant denied the preliminary objections of the OPs and clarified that during the purchase of the said mattress the invoice of the mattress was issued in favour of  M/s G. L. & Sons and the complainant firm is a general store which deals in a daily basic essential commodities and submitted the photographs of  complainant’s firm.
5. In support of  his complaint complainant filed his own affidavit along with documents i.e. copy of  invoice no. 375 (Ex. CW-1/1) , photograph showing complainant’s firm  (Ex. CW-1/2) ,copy of warranty duration (Ex. CW-1/3),  copy of  legal notice with courier receipt   (Ex. CW-1/4 to Ex. CW-1/5) , copy of letter dated 19.01.2015 with courier receipt and tracking details (Ex. CW-1/6 to Ex. CW-1/8) (colly) ,copy of internet print of OP2 (Ex. CW-1/9)
6. In support of reply OP2 filed affidavit of Mrs. Bala Dutt   its Authorized representative along with documents i.e. photograph showing commercial establishment (Ex. D2/1) , photograph showing Hotel Baba at address 7790, Ram Nagar (Ex. DW2/2) and  copy of suit (Ex. DW2/3).
7. Complainant and OP2 filed their written arguments.
8. We have heard the arguments and considered the evidence led by the parties and their written and oral arguments.  In this case points to be considered are as under:-

1. Whether complainant is a consumer?
2. Whether the complaint is time barred.

 (c) Whether the spring mattress sold by OP2 was having defects ?

(d) Relief?

9.  Complainant address mentioned in the complaint is 7790, Ram Nagar, Paharganj, New Delhi while complainant submitted bill of the spring mattress (Ex. CW1/1) which clarified that the bill was made in the name of  G.L. & Sons, 7789, Ramnagar, Aarakshan Road, Patparganj , New Delhi.  The deposition of the complainant as well as photograph of complainant’s firm (Ex. CW1/2) shows the firm M/s G. Lal & Sons is a general store.The deposition of OP2’s witness Bala Dutt clarify that 7789, Ramnagar Aarakshan Road, Patparganj is a commercial establishment and  its photo (Ex. D2/2) clarifies that it is a hotel.

10.Looking to the above facts and circumstances we are of the considered opinion that complainant is an owner of the firm M/s G.L. & Sons and he purchased the spring mattress in the name of M/s G.L. & Sons at the address 7789, Ramnagar, Aarakshan Road, Patparganj , New Delhi which is a commercial establishment while he is residing at 7790, Ramnagar, Paharganj, Delhi.  Hence mattress was purchased for commercial purpose so complainant is not a consumer under the provision of 2 (i) (d) of the Consumer Protection Act 1986.

11. Admittedly, this complaint was filed on 20.08.2015 and the defect in the purchased mattress was noticed in June 2013, therefore, the cause of action arose on June 2013 while this complaint was filed in this forum on 20.08.2015  i.e. after the expiry of period of limitation prescribed U/s 24 A of the Consumer Protection Act 1986. Hence this complaint is time barred too.

12. As complainant is not a consumer and this complaint is time barred therefore there is no need to decide the remaining points of consideration. Hence complaint is dismissed accordingly. 

13.Both the parties will bear their own cost. 

14. Copy of the order made available to the parties free of cost as per law.

   File  be consigned to record room.

Announced on………