HARDEEP SINGH Vs. FRONTIER TRADING

JUDGEMENT

(1.) this appeal is directed against judgment and order dated 27.9.2004 passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter to be referred as District Forum) dismissing the Complaint Case No.81 of 2004 for want of jurisdiction and leaving the complainant/appellant to seek redressal of his grievances by filing a regular civil suit before Civil Court of competent jurisdiction.

(2.) The respondents were served with the notices issued in the complaint case but they did not appear despite service and were proceeded ex parte. Hence, notices of appeal have not been issued to the respondents. The complaint case was taken ex parte wherein Shri Surjit Singh, father of the complainant, filed his affidavit in support of the averments made in the complaint case and also filed copy of independent distributor application and agreement executed between the complainant and Shri Suhas Joshi and one another as authorised signatory of O. P. No.1, which is dated 1.9.2003. Copy of the receipt of a sum of Rs.93,500/- issued by respondent No.1 has also been placed on record.

(3.) The District Forum noted the material contents of the said agreement and extracted the same in the impugned order. The complaint was dismissed on the ground that the complainant was not a consumer inasmuch as the magnetic mattress was purchased for commercial purpose. The appellant has cited a decision of the Hon'ble National Consumer Disputes Redressal Commission, New Delhi (for short hereinafter to be referred to as National Commission) in the case of Frontier Trading and Another V/s. Gayanthri N. Nimbalkar, 2003 4 CPJ 6, which has also been cited in para 6 of the impugned order of the District Forum but this authority has been distinguished on the ground that the revision petition was decided on 14.8.2003 and revision petition had been filed in the year 2002. The Amending Consumer Protection Act, 1986 (for short hereinafter to be referred as C. P. Act) is of the year 2002 being Act No.62 of 2002 and the same was enforced on 15.3.2003. The amendment, which has been mainly effected insofar as definition of 'consumer' is regarding Sec.2 (1) (d) (ii) of the C. P. Act, which refers to the hiring and availing of services for consideration inasmuch as under Sec.2 (1) (d) (ii) also the case of a person has been excluded who availed of such services for any commercial purpose. The explanation appended to Sec.2 (1) (d) of the C. P. Act is the same, which was appended earlier and prior to the aforesaid amendment of 2002, which related to the goods. This explanation has now been appended so as to cover the case of hiring and availing of services under Sec.2 (1) (d) (ii) of the C. P. Act.