This complaint is filed by the Complainants u/S 35 of the Consumer Protection Act, 2019 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to provide uninterrupted and smooth connectivity to the Complainants for which they have to sustain financial as well as portfolio losses due to inefficient service and deliberate negligent attitude of the OPs.

From the petition of complaint it is evident that the Complainant have availed of the service from the OPs for commercial purpose. The Complainant-2 being a corporate and portfolio investment consultant is engaged in the activities of share trading/trading of securities/derivatives/futures etc. For this purpose the Complainant-2 hired the service from the OPs and after taking consent from the OP-2 the OP-1 also using the said service. It is seen by us that there is single internet connection, from which the Complainant-1 also using the said connection for pursuing her higher studies. But her father is using the said service connection for his business purpose. Be it mentioned that the said service connection is availed of in the name of the Complainant-2, from where his daughter being the Complainant-1 is using the same. As the OPs did not take any step to provide uninterrupted service to the Complainant-2 hence this complaint is initiated by the Complainants.

From the petition of complaint it is clear to us that the Complainant-2 had hired the services of the OPs for commercial purpose, not earning his livelihood by means of self-employment. His daughter taking his consent is using the said service. But connection is single which the Complainant–1 and 2 both are using.  In the Section 7 (ii) of the Consumer Protection Act, 2019 it is enumerated that-

‘Consumer means any person who hires or avails of any service for a consideration which has been paid or promised or partly paid and 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 service for any commercial purpose.’

So the Consumer Protection Act, 2019 does not permit a person to be a consumer who has availed of services for any commercial purpose. Within the four corners of the complaint no averment is forthcoming that the Complainant had conducted business and invested in the said business for earning her livelihood. In this respect we are to mention to the judgment passed by the Hon’ble NCDRC in the First Appeal no-159/2004, in the case of M/s. Harsolia Motors vs. M/s. National Insurance Company Limited, decided on 03.12.2004, wherein Their Lordships have held that “if the goods are purchased for resale or for commercial purpose then such consumer would be excluded from the coverage of Consumer Protection Act. ….. it is apparent that even taking wide meaning of the words ‘for any commercial purpose’ it would mean that goods purchased or services hired should be used in any activity directly intended to generate profit. Profit is the main aim of commercial purpose………”

The abovementioned judgment is applicable in the case in hand as the Complainant-2 hashired the service of the OPs for running his businessfor earning profit, hence the Complainants cannot be termed as ‘Consumers’ within the purview of the definition of ‘Consumer’ as enumerated in the Consumer Protection Act, 2019. Therefore as the Complainants are not consumers, this complaint cannot also be termed as ‘Consumer Complaint’.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no-278/2020 is dismissed being not maintainable and without being admitted.Considering the facts and circumstances of the Complaint there is no order as to cost. However the Complainantsare at liberty to approach before the competent Civil Court, if not barred otherwise.

It is necessary to mention that as the Consumer Complaint has not been admitted, hence the Complainants are also at liberty to get return of the copy of the complaint and copies of the other related document from this Ld. District Commission by making a separate petition to the competent authority of this Commission. The competent authority is hereby directed to take necessary and immediate steps so that the Complainants can get return of the abovementioned documents and papers without any further delay in accordance with law.

Let a plain copy of this order be given to the parties free of cost as per the CPR.

Dictated and corrected by

Hon’ble Mrs. Silpi Majumder