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Judgment
THIS order shall decide both the aforesaid revision petitions, which were filed against the common order dated 24.8.2010 passed by the State Commission.
M /s. Mahatma Polymers Private Limited, the complainant, engaged in running PVC Pipe Industries at Anneparthy Village of Nalgonda Mandal (district), Andhra Pradesh. Due to fault in the machinery of the petitioner/company, said machine required certain repairs. The petitioner/company sent the parts of the machinery i.e. a screw and a barrel, from Andhra Pradesh to Jeet Enterprises, Plot No. 1041, Jawaharlal Colony, Faridabad, Haryana, respondent No. 4. The above said goods (parts of the machine) were sent by transport. The services were provided by the Managing Director, the Manager, the authorized person, arrayed as respondents No. 1, 2 and 3. respectively, in this case. Those machinery parts were sent on 25.9.2015 by paying an amount of Rs. 350/ -, as consignment charges, to respondents No. 1, 2 and 3. The petitioner/company also sent the receipt issued by respondents No. 1, 2 and 3, to respondent No. 4. The respondent No. 4 did not receive the same for months together. The petitioner had to suffer the loss for not getting the repaired machinery. Letter was issued. The receipt and copy of the letter were produced on record as Annexures P -2 and P3. The role of Amit Plastic Private Limited, opposite party No. 5 is that he was to deliver the papers entrusted to him to respondent No. 4. He also did not give any clear answer. The State Commission vide its order dated 24.8.2010 held that the petitioner is not a consumer. It went on to hold:
"It is specifically mentioned in Sec. 2(1)(d)of the C.P. Act that the term ''consumer;'' does not include in its fold any person who buys goods or avails service for any commercial purpose. Admittedly, the activity of the complainant company is primarily a profit oriented business and as such we are inclined to accept the contention of the learned counsel for the opposite parties No. 1 to 3 that the complainant is not a consumer within the meaning of Sec. 2(1)(d) of the C.P. Act. The point is answered against the complainant company."
AGGRIEVED by that order, the present revision petitions have been filed in respect of two separate complaints filed concerning two consignments worth Rs. 7 lakhs approximately.
LEARNED counsel for the OP vehemently argued that the petitioner is engaged in a profit oriented business. He explained that the order passed by the State Commission cannot be faulted. He also invited our attention towards the order passed by our predecessor Bench on 23.9.2011, which is reproduced as under: "Petitioner had sent one screw and barrel through the respondent carrier for repair to the manufacturer. The barrel was not delivered but the screw was delivered by the respondent after two years. Petitioner filed the complaint against the carrier company.
District Forum allowed the complaint.
State Commission has reversed the order of the District Forum and held that the petitioner did not fall within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986 as the petitioner was a profit oriented business.
Counsel for the petitioner contends that the petitioner has filed the complaint against the carrier company, which was not to make a profit out of the business.
Notice on admission to the respondent returnable on 01.12.2011."
Learned counsel for the petitioner contended that this order is misleading because the petitioner did not approach the Commission with clean hands.
WE are unable to locate substance in his arguments. The petitioner is a consumer because he is not to gain any profit from the repairs of the machine. In Kishore Lal v. Chairman Employees State Insurance Corporation : 2007 (4) SCC 579, in para 7, it was held: "7. The definition of "consumer in the CP Act is apparently wide enough and encompasses within its fold not only the goods but also the services, bought or hired, for consideration. Such consideration may be paid or promised or partly paid or partly promised under any system of deferred payment and includes any beneficiary of such person other than the person who hires the service for consideration. The Act being a beneficial legislation, aims to protect the interests of a consumer as understood in the business parlance. The important characteristics of goods and services under the Act are that they are supplied at a price to cover the costs and generate profit or income for the seller of goods or provider of services. The comprehensive definition aims at covering every man who pays money as the price or cost of goods and services. However, by virtue of the definition, the person who obtains goods for resale or for any commercial purpose is excluded, but the services hired for consideration even for commercial purposes are not excluded. The term "service" unambiguously indicates in the definition that the definition is not restrictive and includes within its ambit such services as well which are specified therein...."
AGAIN , this Commission in M/s. Harsolia Motors v. National Insurance Co. Ltd., I : (2005) CPJ 27 (NC) has held as under: - - "Further, from the aforesaid discussion, 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. But, in a case where goods purchased or services hired in an activity which is not directly intended to generate profit, it would not be commercial purpose."
In the light of this discussion, we find that the complainant is a consumer. Repairs of a machine cannot generate profit. Consequently, we accept the revision petition, set aside the order passed by the State Commission and remand the case back to the State Commission to decide the same on merits on other issues expeditiously. The parties are directed to appear before the State Commission on 16.10.2015.
A copy of this order be sent to the concerned State Commission.