Kisan Sahkari Chini Mills Ltd. vs UBITECH (PVT.) LTD.

THIS is an appeal against the judgment and order dated 22.9.2001 passed by the Disrtict Forum, Udham Singh Nagar wherein the learned Forum held that the complainant is not a consumer.

THE brief facts of the case are that THE Kisan Sahkari Chini Mills Ltd. filed the complaint with the allegations that the complainant sent a letter of intent of the opposite party on 19.8.1994 along with necessary advance showing that the equipments should be installed and commissioned by the opposite party. THE opposite party bifurcated the work order into two parts. THE erection team of the opposite party completed the work on 24.10.1994, and the panels were commissioned on 24.11.1994 whereas the factory of the complainant started on 16.11.1994 but the panel failed. It is said that this is deficiency in service of the opposite party and hence compensation was claimed. The learned Forum held that the complainant is a business concern. It is engaged in production of sugar and the machine was purchased for the production of sugar for sale and earning profit. Therefore the complainant is not a consumer. The learned Forum has referred a number of rulings in his order. The appellant has referred the ruling of the Madras Commission wherein machine was carrying warranty of six months. It did not function. In this ruling as well the District Forum has dimissed the complaint merely on the ground that the machine was purchased for commercial purposes and the complainant was not a consumer. In its judgment the Madras Commission held that though the complainant was not a consumer but machinery carried a warranty, therefore, relief was granted. Once it is held that the complainant is not a consumer, he can get his relief from the Civil Court but the complainant in the Consumer Forum shall not lie. Definitely in this case the machine has been purchased for commercial purposes. It was to be used in commercial purposes and, therefore, this was not in the ambit of consumer disputes.

Definitely if there is any legal injury to the complainant, he may file a suit in the Civil Court but unless this is a consumer dispute, Consumer Forums will not entertain the case. The Learned Forum has rightly dismissed the complaint as not maintainable. We do not find any force in this appeal and the appeal is to be dismissed. ORDER The appeal is hereby dismissed. Cost throughout shall be easy. Appeal dismissed.