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Judgment
THIS appeal is directed against the order dated 26th May, 1998 in O.P. No. 159/1997 on the file of the District Consumer Disputes Redressal Forum, Tiruchirapalli.
THE appellant is the complainant while the respondents are the opposite parties. The complaint had been dismissed by the Forum below on the ground of jurisdiction as well as on the merits.
The appellant/complainant engaged a Counsel of its choice namely learned Counsel M/s. A. Sanjiv, V. Jeevagiridharan and P. Thangavel.
THE respondents/opposite parties on their part engaged a Counsel of their choice namely learned Counsel P. Kannan. Learned Counsels appearing for the appellant/complainant were called, absent and no representation was made on their behalf. We are, however, inclined to dispose of the appeal on merits, of course, after hearing learned Counsel Mr. P. Kannan appearing for the respondents/opposite parties.
SO far as the merits are concerned, the Forum below recorded a finding that the Generator Set purchased in this case by the appellant/complainant was for commercial purpose. Such being the case, the Forum below held that the complainant cannot at all be construed as a consumer qua the opposite parties. We verified the materials placed on record. On such verification, we are of the view that the finding as recorded by the Forum below that the complainant cannot at all be construed as the consumer qua the opposite parties cannot at all be stated to be not sustainable on the facts and in the circumstances of the case. In view of the fact that the complainant is a commercial concern and it purchased the generator set for commercial purposes. As such, this appeal deserves to be dismissed. In fine, the appeal is dismissed. We shall make no order as to costs on the facts and in the circumstances of the case. Appeal dismissed.