Per Mr.Shashikant A. Kulkarni, Presiding Judicial Member [1] Read appeal-memo. Heard learned advocate Mr.U.S.Mangave for the appellant. [2] Original complainant is appellant. It proposes to challenge the order dated 27/07/2015 in Consumer complaint no.86/2013 passed by District Consumer Disputes Redressal Forum, Kolhapur. [3] Based on the ruling of the Hon’ble National Commission in Revision Petition No.2301/2012, Pradip vilas Bhat & ors. Vs. Ekta nagri Sahakari Pat Sanstha Maryadit & ors., learned advocate for the appellant submitted that, it is permissible for the co-operative society to invest its amounts in another co-operative society and the transaction does not become a commercial transaction. In the revision petition preferred before the Hon’ble National Commission, directors in individual capacity challenged the order. Explanation to Sec.2(1)(d)(ii) of the Consumer Protection Act, 1986 explains ‘commercial purpose’ does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment. [4] Since the Hon’ble National Commission dealt with the case filed by the director in individual capacity and held that since they ceased to be director, liability cannot be fastened on them. Whereas; in view of above explanation and in absence of pleadings in general being not taken in complaint in pursuance to the explanation referred above and in presence of findings recorded by the District Forum in that regard without any irregularity, we are unable to agree with the submissions advanced by the advocate for the appellant that the appellant is a ‘consumer’ within the meaning of Consumer Protection Act, 1986. Hence; ORDER 1.Appeal is dismissed in limine with no orders as to costs. - One set of appeal compilation be retained. Rest be returned to the appellant forthwith.
- Certified copies of the order be furnished to the parties forthwith.
Pronounced Dated 8th September, 2015. | 
