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Judgment
THIS is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.
THE Complainant has entered into an agreement with the Opposite Party on 3.9.91 for the purchase of Video Cassettes for Cable TV Exploitation. THE cost of the cassette is Rs. 600/- per piece. THE Complainant has also deposited a refundable advance of Rs. 25,000/-. It is the case of the Complainant that he has, subsequently, paid Rs. 20,000/- by cheque, dated 21.10.91 and another sum of Rs. 10,000/- on 10.2.92 on the hope that the Opposite Party would supply the cassettes. Subsequently, the Police Authorities intervened and prohibited the exhibition of Video Cassettes. Writs were filed in the High Court and it they were dismissed. In the writ appeals, the TV operators were permitted to get licence and run the shows under strict conditions. It is the case of the Complainant that the opposite party did not supply a single Video Cassette in accordance with the terms of the agreement. Hence this claim for refund of the sum of Rs. 55,000/- paid by him and compensation in the sum of Rs. 50,000/-. The Opposite Party admitted the agreement and the receipt of the refundable advance of Rs. 25,000/-. But, it denied the receipt of the subsequent payments of Rs. 20,000/- on 21.10.91 and Rs. 10,000/- on 10.2.92. It is urged by the Opposite Party that as per the decision of the High Court in the writ appeals, it was the duty of the Complainant to obtain the valid licence to carry on his TV Cable business, but he did not do so. According to the Opposite Party, it has supplied to the Complainant 83 Video Cassettes so far and it comes to Rs. 50,000/-. The agreement is still in force and the Complainant has no right to cancel the same or claim any refund.
Ex. A1 to A6 and B1 & B2 are marked by consent. Proof Affidavits are filed.
THE preliminary point that arises for consideration is whether the Complainant is a consumer and is entitled to maintain this complaint. Point: The Complainant is carrying on business as Cable Operator. He has entered into an agreement with the Opposite Party for the supply of Video Cassettes for the Cable TV Exploitation. His case is, the Opposite Party failed to supply the cassettes. Admittedly, the Complainant has, certainly, purchased these Video Cassettes for commercial purpose, i.e. for TV Cable Exploitation. The Complainant cannot, therefore, claimed to be a consumer within the meaning of Section 2(1)d(i) of the Consumer Protection Act. The complaint must fail.
IN the result, the complaint fails and is dismissed. No costs. Complaint dismissed.