PRAKASH SCANNER Vs. WATTHOUR SYSTEM

JUDGEMENT

(1.) Appellant/Complainant has filed this appeal under Section 19 of the Consumer Protection Act,1986 (for short, 'Act'), challenging order dated 30.7.2013 passed by State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (for short, 'State Commission') vide which Consumer Complaint No. 5 of 2007 filed by the appellant, was dismissed.

(2.) It is the case of appellant, that he is a partner of firm M/s. Prakash Scanner and for his livelihood and employment, purchased a scanner in the name of his firm for image setting (used for preparing negatives for the offset printing). The same was purchased from Respondent/Opposite Party for a sum of Rs. 13 lacs. The Scanner was delivered on 13.7.2004. After installation, it worked upto 12.11.2004. Thereafter, it became defective and stopped working. On complaint made to the respondent, it was repaired and again became defective on 17.1.2005 and was again repaired. It is stated, that scanner became defective time and again. Thus, appellant had been handed over a defective scanner by the respondent. Therefore, alleging deficiency on the part of respondent, appellant filed a consumer complaint seeking following reliefs:

(3.) Respondent in its written statement took preliminary objection sating that, appellant is not a consumer as per Section 2(l)(d) of the Act. The appellant is a partnership firm having five partners viz.; M/s. Prakash Scanner in which, (1) Sh. Baliram Pandey, (2) Sh. Kashi Nath Pandey, (3) Sh. Sunil Kumar Pandey, (4) Sh. Shyam Narayan Pandey and (5) Sh. Utam Prakash Pandey. The firm is engaged in commercial activity.