Haryana

Fatehabad

CC/199/2022

Desh Deepak - Complainant(s)

Versus

Vishal Power Systems - Opp.Party(s)

Sohan Suneha

23 Aug 2022

ORDER

Present:       Sh.Sohan Suneha, Advocate counsel for complainant.                                                 

                   Today the present complaint is fixed for consideration on the point of admissibility of the complaint. Office report perused whereby Assistant Registrar of this Commission, has reported that prior to admission of complaint, the point that complainant does not fall under the definition of Consumer as enshrined in Consumer Protection Act, 2019, be considered.

                   Heard.

                   Definition of ‘Consumer’ as mentioned in Consumer Protection Act, 2019 has been perused. The relevant Section 2 (7) of Consumer Protection Act, 2019, reads as under:-

                             Consumer means any person who-

1.  buys any goods for a consideration which has been paid or promised or party paid and partly promised, or under any system of deferred payment and includes any users 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

 

2. hires or avails of any service for a consideration which has been paid  or promised or partly paid any 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 services for any commercial purpose.

Explanation: for the purpose of this Clause-

1. the expression “commercial purpose” does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood by means of self employment.
2. the expression “buys any goods” and “hires or avails any services” includes offline or online transactions through electronics means or by teleshopping or  direct selling or multilevel marketing.

                             On perusal of the contents of the complaint minutely, it has come into the notice of this Commission, that the complainant has nowhere mentioned in the whole complaint or even there is no any iota on behalf of the complainant that he had purchased the R140LC-9 Hydraulic Excavator from Op for the purpose of earning his livelihood. As such, we are of the confirmed view that the complainant is a contractor by profession as admitted by himself in para No.2 of the complaint and he had purchased the Hydraulic Excavator from Op for commercial purposes and thus he admittedly does not come under the definition of consumer.

                             Therefore, the present complaint is hereby dismissed in limnie. Copy of this order be supplied to the complainant free of costs. File be consigned to the record room after due compliance.   

 

                                      Member                         President                                                                                                     DCDRC/Fatehabad/ 23.08.2022