22.03.2021

            The learned counsel for the complainant is present. Heard him on the point of admission. Perused the record. It is ascertained from the complaint petition that the complainant is a businessman purchased different items from different persons including O.P.No.1and 2  for the purpose of carry on business by maintaining a retailer counter of variety store at Bhejiput with the name and style of M/s Gayatri Super Trading. As thus he purchased CFL Bulbs in the year 2019 for three times from O.P.No.1 & 2 for the commercial purpose of resale through retailer. As the bulbs purchased by the complainant are defective/damages as receiving complain from his customers the complainant approached the O.Ps for replace or refund the price but the O.Ps refused to refund the price or replace the defective items for which the complainant incurred financial loss and damages reputation in public market. Hence this complaint.

            “Consumer” means any person who buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of default 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 default payment when such uses is made with the approval of such  person but does not include a person who obtained such goods for resale or for any commercial purpose.

 Further this Commission by relying upon a citation passed by the Hon’ble National Commission, New Delhi in Milan Barot & Ors versus Mukesh Haridat Bhatta & Anr 2011(2) CPR 12 such as:- “Business dispute is to be adjudicated in a Civil Court and not in a consumer court”. In the light of the above decision of law the case is not admitted and dismissed in limine.