LUCKY STAR ESTATE I Vs. LAXMI BOILERS NORTH

JUDGEMENT

(1.) Briefly, the facts are that the complainant is the owner of 'hotel Vikram' situated at Ring Road, Lajpat Nagar, New Delhi. The complainant purchased one oil fired hot water Boiler and one Mixing Tank from the respondent for a consideration of Rs.73.049.46p and got the same installed at the hotel in the month of December 1988. However, out of the total amount, the complainant paid an amount of Rs.67,499.46p and retained the balance amount with it.

(2.) It is alleged that the boiler was not functioning properly and inspite of repeated requests the respondent failed to rectify the defects. Consequently, it is prayed that the respondent be directed to refund an amount of Rs.67,499.46p alongwith interest @ 18% per annum from 1.1.1989 to the date of payment of the amount and pay damages amounting to Rs.5 lacs on account of loss in business and reputation suffered by it.

(3.) The petition has been contested by the respondent. It is inter-alia pleaded by the respondent that the Commission has no jurisdiction to try the case as the complainant is not a consumer as defined in the Consumer Protection Act. In the first instance, the arguments were heard from the parties on this preliminary point.