MORADBAD INSTRUCTURE DEVELOPMENT PVT. LTD. Vs. NOVO IMPEX

JUDGEMENT

(1.) This is a Consumer Complaint filed under Consumer Protection Act, 1986 (for short, Act) by M/s Moradabad Infrastructure Development Pvt. Ltd. (hereinafter referred to as Complainant) against M/s Novo Impex & Anr. (hereinafter referred to as Opposite Party Nos.1 and 2). The Complaint has been filed by Mr.Nitin Saxena, President, All India Consumer Education Society (Regd.), who got an authorization for filing the Complaint as Authorized Representative for Mr.Mohd. Iqbal Shamsi, an Authorized Person of the Complainant having its office at New Delhi. The Complainant purchased one Waterjet Cutting Machine from Opposite Party No.2 through Opposite Party No.1 for installation at factory site in Moradabad and the said machine after its import and installation failed to perform properly. The Complainant had purchased this machine with a view to fulfil a contractual obligation of Government of India and failure of machine led to breach of contract and financial and other losses.

(2.) The Complaint was objected to by the Opposite Parties on ground of maintainability citing the Orders of the Honble Supreme Court in its various judgments including those of:-

(3.) Learned Counsel for both parties made submission on the maintainability of the Complaint. Learned Counsel for the Opposite Parties submitted that Sec. 2 (1) (d) of the Consumer Protection Act, 1986 specifically excludes person, who obtained goods for service for any commercial purpose. The explanation to the Sec. only excludes goods purchased by a person "used by him" or for "earning livelihood by self-employment". Learned Counsel submitted that the Complainant does not qualify for the exemption provided under the Act and as such cannot be treated as a consumer for the purposes of filing of Complaint. The Complaint is liable to be dismissed on such ground.