AI Structured Summary
Not yet generated for this judgment
Judgment
MATTER kept today on board in the caption of ex parte against O.P. Nos. 1 and 2 because of their failure to respond to the process issued to them, either by way of filing appearance or written statement, etc. However, on perusal of the averments in the complaint, it is noticed that transaction being the subject-matter herein would not fall in the category of consumer dispute.
IN that, complainant-Bank has purchased computers and soft-wares, etc. from O.P. No. 1 for the purpose of its office and as such for its business purposes. IN that in a very first para of the complaint (unnumbered) complainant has averred "complainant is running a business of banking all over Sangli District through its various branches". The main grievance of the complainant which appeared from the averment in the complaint that the O.P. No. 1 did not adhere to the specification of the Bank in supply of goods and also non-supply of certain hardware parts of the goods.
That being so, we hold that the dispute as filed before this Commission is not maintainable.
WE are rejecting this complaint and in interest of justice providing liberty to the complainant to pursue its remedy before appropriate Forum. ORDER 1. Complaint stands rejected. 2. It is clarified that the rejection of the complaint shall not operate as impediment to the complainant perusing its remedy before appropriate Forum. 3. 6 weeks time from today is granted to the complainant to approach the appropriate Forum and it is further clarified that the complainant will be entitled to benefits under Section 14 of Limitation Act. 4. As far as this complaint is concerned, no order as to costs. 5. Office shall furnish copies of the order to the parties.
Complaint dismissed.