(1.) M/s. Bhardwaj Industries through its proprietor Kundan Kumar Singh has filed this complaint under Section 21 of the Consumer Protection Act, 1986 (inshort, 'the Act') alleging that he purchased one VTL CNC PTB150 machine (hereinafter referred to as the machine) vide purchase order dated 14.5.2012, to meet specific requirement, in consideration of Rs. 1,76,96,700. That the machine was installed by OP No. 1 on 13.3.2013. Within 25 days of the installation, machine started giving the problem. OP No. 1 was informed about the problem but it failed to send anyone for rectifying the defect. It is alleged that the gear box of the machine failed to give quality result. Being aggrieved of the defect in quality as well as performance of the machine, the complainant has filed the instant complaint with following prayer:
(2.) On going through the complaint, it prima facie appears that the machine in question was purchased by the complainant from OP No. 1 for commercial purpose. Therefore, the Counsel for the complainant was called upon to argue on the point of maintainability of the complaint.
(3.) Before adverting to the submissions of the Counsel for the complainant, it would be useful to have a look on relevant provisions of the Act.