V T SWITCHGEARS & TRANSFORMERS Vs. RNS AUTOMOBILES

JUDGEMENT

(1.) This revision is directed against the order of the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, "the State Commission) dated 15.2.2012 in appeal No.36/2012 whereby the State Commission dismissed the appeal preferred by the petitioner/opposite party at the stage of admission.

(2.) Briefly put, facts relevant for the disposal of the revision petition are that the respondent/complainant filed a consumer complaint against the petitioner alleging deficiency in service in respect of transformer purchased by him from the opposite party which developed defect immediately after commissioning. According to the respondent the opposite party has failed to rectify the defect or refund the consideration amount alongwith other expenses incurred for installation of transformer and repair of the same.

(3.) The petitioner/opposite party resisted the complaint by filing written statement. Besides denying the plea of the complainant on merits, the petitioner took preliminary objection that the complaint itself is not maintainable because the respondent is not a consumer as defined under Section 2 (1) (d) of the Consumer Protection Act, 1986 ( in short, the Act).