LAKSHMI COTSYN LIMITED Vs. ROLL CON ENGINEERS

JUDGEMENT

(1.) A request for adjournment has been made by Mr. Praduman Kumar Aggarwal, who has been engaged in lieu of earlier Counsel, Mr. Jai Prakash Yadav, which was done quite some time back. Mr. R.B. Yadav, Assistant Manager (Legal) of the complainant company is present. He is unable to explain the reason why the Counsel for the complainant Mr. P.K. Aggarwal, Advocate is not present today. We, therefore, decline the request for adjournment. We have heard Mr. Yadav. The complainant, which is a registered company and engaged in the business of Coal/ Husk Handling, etc., had filed the present complaint seeking a total sum of Rs. 2,89,12,500 alleging defects in 20 TPH Coal/Husk Handling System sold by the opposite party to the complainant for commercial purposes. Assuming for the sake of arguments that the averments and allegations made in the complaint are correct or that the complainant would be able to establish the same on some day we are of the considered opinion that the present complaint for the kind of relief claimed is not maintainable before a Consumer Fora like the present Commission. As per the complainant's own showing it had purchased Coal/Husk Handling System for a consideration of over Rs. 87 lakh from the opposite party to advance his business/ industrial purposes and after it was supplied and commissioned, the complainant noticed certain defects which were not rectified by the opposite party and the defects were got rectified from some other agency. These facts by themselves would show that the complainant had purchased the said machines and equipment for commercial use/purposes, which does not fall within the purview of the definition of Consumer appearing in Section 2(1)(d) of the Consumer Protection Act, 1986. The complaint, it appears to the Commission, is nothing but an attempt to abuse and misuse the jurisdiction of this Commission only with a view to save on the Court fee which may be payable on a civil suit before a civil Court. The complaint as such is dismissed as not maintainable before this Commission with cost of Rs. 10,000 to be deposited in the 'Consumer Legal Aid Account' of this Commission within a period of two weeks failing which the recovery certificate shall be issued against the complainant company for the recovery of the said amount. The complainant would, however, be at liberty to work out its remedy before an appropriate Court/Tribunal in accordance with law.