M/S. KONE ELEVATOR INDIA (P) LTD. 50, VANAGARAM ROAD, AYANAMBAKKAM, CHENNAI Vs. SAKET MEDICAL AND RESEARCH CENTRE (PVT.) LTD. SECTOR

JUDGEMENT

(1.) The complainant/respondent which is a Private Limited Company got installed two lift stretcher and passenger lift from the petitioner company for a consideration of Rs. 10,35,000/-. According to the complainant, though both the lifts were to be made operational by March, 2007, one lift was installed in July, 2007 whereas the installation of the stretcher was not completed even till December, 2007. Being aggrieved, the complainant approached the concerned District Forum, seeking compensation from the petitioner company, along with interest on the amount paid to it. The complaint was resisted by the petitioner; inter-alia on the ground that the complainant being a commercial establishment and having purchased the lift for commercial purpose was not a 'consumer' and therefore, the complaint was liable to be dismissed. The delay in installation of lift was attributed by the petitioner to the complainant.

(2.) The District Forum vide its order dated 26.3.2014, directed the petitioner to pay Rs. 51,000/- to the complainant as compensation, along with cost of litigation quantified at Rs. 11,000/-. It was further held that since the petitioner had committed delay in installing the lift, it was not entitled to receipt of the balance sale consideration of 10% from the complainant. Being aggrieved from the order passed by the District Forum, the petitioner company approached the concerned State Commission by way of an appeal. Vide impugned order dated 08.09.2014, the State Commission dismissed the appeal filed by the petitioner company. Being aggrieved the said company is before this Commission by way of this revision petition.

(3.) Section 2(1)(d) of the Consumer Protection Act, to the extent it is relevant, provides that the term 'consumer' does not include a person, who purchases goods or hires or avails service for a commercial purpose. The explanation attached below Section 2(1)(d) excludes from the ambit of the expression 'commercial purpose', user of goods bought by a person or availing of the services by him exclusively for the purpose of earning livelihood, by means of self-employment.