G.S.RANGANATH vs CHAIRMAN, M/S. MILES INDIA LTD.

AFTER hearing the Parties and perusing the records, the Commission delivered the following:

MALLESWARAM X-ray Clinic & Laboratory (P) Ltd., purchased Hema Comp-10, Nova-1 and SEAC-CH-100 from the . According to the complainant they are not functioning properly and therefore he suffered loss. Hence, he has filed this complaint for return of the cost price of three equipments purchased and loss of Rs. 2,08,000/-. The complaint is resisted by the respondent by contending inter alia that as the equipments were purchased for commercial purposes, the complainant is not a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986 and so the complaint cannot entertain by this Commission.

The complainant who is the Managing Director of the Malleswaram X-Ray Clinic & Laboratory (P) Ltd., is present before us to-day. He fairly admitted that the said equipments were purchased for testing the patients in his laboratory by collecting Rs. 50/- per head. This shows that the equipments were purchased for commercial purpose. The purchase of goods for commercial purpose is exempted from the definition of ''consumer'' under Section 2(1)(d)(i) of the Act. Hence, the complainant will not be a Consumer. If that is so, his complaint cannot be entertained by this Commission. On that short point, we dismiss the complaint. But under the circumstances of the case, we direct the parties to bear their own costs. Complaint dismissed.