Tribunals and Commissions(2003) 06 NCDRC CK 0050

JAYGANRAJ ENTERPRISES vs MANAGING DIRECTOR, TATA FINANCE COMPANY

National Consumer Disputes Redressal Commission · Decided on 20 June 2003 · Citation: 2004 1 CPJ 198 : 2004 1 CPR 383

HON’BLE JUDGES
M.S.Rane , R.N.Varhadi J.
RESULT
Complaint dismissed

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Judgment

4 paragraphs · 251 words
1.

NONE is present on behalf of the complainants as also the O.Ps. As the consumer dispute is pending since long, we proceed to dispose of the same on the basis of material made available before us.

2.

WE have perused the complaint wherefrom it is noticed that the complainants who are commercial entity claimed to have purchased machinery worth Rs. 37,06,000/- from the O.Ps. which according to the complainants was found to be not functioning satisfactorily. It would thus be noticed that the claim pertains to the goods which turned out to be defective have been purchased for commercial purpose and as provided under Section 2(1)(d)(i) of Consumer Protection Act, 1986, the same would not fall in the category of consumer dispute so as to entertainable by Consumer Fora like this Commission herein.

We, therefore, hold that dispute as filed is not maintainable before us as a consumer dispute.

3.

WE, therefore, proceed to dismiss the complaint providing liberty to the complainants to pursue their remedy before appropriate Forum, if so desired. Hence the following order : ORDER 1. Complaint stands dismissed being not a consumer dispute. 2. WE clarify that dismissal of the complaint shall not operate as impediment to the complainants in pursuing their remedy before appropriate Forum. 3. Office shall furnish copies of the order to the parties immediately. 4. 4 weeks'' time after receipt of the order will be available to the complainants to pursue their remedy, if so desired, and as provided above. Complaint dismissed.