N DEEPAK Vs. AD LABS FILMS PVT LTD

JUDGEMENT

(1.) This is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act. of a Hindi Colour Film by name "dil Tera Aashiq" from the for a sum of Rs.2,50,000/-. The film contained 18 rolls. The 1st delivered 8 boxes and it was represented that box 1 to 7 contained two rolls each and box 8 contained four rolls, number 15 to 18. When the film was exhibited on 22-10-93 it was found that box No.8 contained only rolls 15 and 16. Rolls 17 and 18 were missing. The film could not be projected and there was commotion from the members of the public. The was put to heavy loss. It was due to the two other rolls were not sent by the. Hence this claim for damages.3. The case is posted for admission. The question to be considered is whether the Complainant is a consumer within the meaning of the Sec.2 (1) (d) (i) of the Consumer Protection Act.4. The Complainant has purchased one print of a Hind" Colour Film by name Dil Tera Aashiq's from the Opposite Parties for a sum of Rs.2,50,000/-. Instead of delivering 18 rolls the Opposite Parties have delivered only 16 rolls. This is, therefore, a clear case of supply of defective goods within the meaning of Sec.2 (1) (f) of the Consumer Protection Act. But as the Complainant has purchased these goods for commercial purpose for exhibiting in the Theatre, he is not a consumer within the meaning of Sec.2 (1) (d) (i) of the Consumer Protection Act. The petition is, therefore, misconceived. The remedy for the Complainant is before the ordinary Court of Civil Jurisdiction.5. In the result, the complaint fails and is dismissed.