DOCTOR SIMRITA vs G.N.SALES

THIS complaint has been filed by Dr. Simrita against M/s. G.N. Sales, Chandigarh under, section 12 of the Consumer Protection Act, 1986 (for short ''the Act'') on 4.8.1992.

DR. Simrita who is a proprietor of Simrita Nursing Home, Rajpura had purchased a Linear Portable Ultra Sound Scanner from M/s. G.N. Sales, Sector-23 Chandigarh for her nursing home for Rs. 1,81,912.50 on 22.11.1991, According to the complainant, the Ultra Sound Scanner was not giving her satisfactory work and was defective and could not be repaired by the opposite-parties. It was further the case of the complainant that on 13.3.1992, one representative of the opposite-parties visited the premises of the complainant and he had assured her that the Ultra Sound Scanner would be replaced by a new one, but nothing was done thereafter. The complainant required the opposite-parties to take back the Ultra Sound Scanner and to refund the entire amount paid, together with other charges (as detailed in paragraph 14) incurred by her. Since there was no response at all to this demand, she has approached us with a request for relief''s, including compensation. On notice being issued, the opposite parties stoutly controverter the allegations made by the complainant. On a close perusal of the documents tiled by the complainant and her averments made in the complaint, we feel doubtful as to whether the purchase of Ultra Sound Scanner was not for commercial purposes. The complainant''s Counsel, when asked by us, submitted that the complainant in her business venture had purchased the Ultra Sound Scanner, This assertion of the learned Counsel finds further corroboration from the averments made in the complaint at paragraph 14 where the complainant has categorically stated that due to defective Ultra Sound Scanner, she suffered great financial losses and her professional reputation had also suffered. In a number of cases, the National Commission, as well as various State Commissions, including ours, have elaborately discussed and decided the question about the jurisdiction of the Consumer Disputes Redressal Agencies over the disputes of goods which include machinery used in business where the purpose is to make profit. The decisions have unanimously been that such disputes fall outside the jurisdiction of the Consumer Disputes Redressal Agencies under the Act as. the aggrieved party does not come under the purview of the definition of the "Consumer" as per Section 2(1)(d)(i).

Section 2(1)(d)(i) defines a "Consumer" as any person who "buys for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purposes." It is settled fact that commercial purpose means any purpose wherein the primary objective is to make profit.

THE National Commission''s decision in Synco Textiles (Pvt.) Ltd. v. Greaves Cotton and Co. Ltd. I (1991) CPJ 499 (NC) and Oswal Fine Arts v. H.M.T. Madras, I (1991) CPC 330 amply illustrate the above position. Applying the norms laid-down by the various consumer disputes redressal agencies, we are constrained to declare that the complainant does not fit herself in the definition of "Consumer" as envisaged in the Act. Though the complainant has proved her case and has also canvassed our sympathy as a person who fell a prey to the tall promise of the respondent-Company and purchased the defective Ultra Sound Scanner and lost an appreciably good amount and suffered damages, this Commission is not in a position to give any relief to her under the Act. She will have to seek redressal through the appropriate Civil Court. In the result, the complaint is dismissed. Under the circumstances of the case, we direct the parties to bear their own costs. Complaint dismissed.