MATHER AND PLATT I LTD Vs. KALEESWARI INDUSTRIES

JUDGEMENT

(1.) FIRST Appeal No. 386/93 by M/s. Mather & Platt (I) Ltd., the Opposite Party before the State Commission and First Appeal No. 435/93 by M/s. Kaleeswari Industries, the Complainant before the State Commission are directed against the order dated 17.5.93 allowing the complaint and directing Opposite Party to pay to the Complainant the sum of Rs. 4,97,152.86 with interest at the rate of 12% per annum from the date of the order with costs of Rs. 2,000/-.

(2.) THE Complainant is«a registered partner-ship-f jrm constituted to commence and carry on a business of Book Binding Cloth and related goods etc. The copy of the partnership deed is on record incorporating therein that the principal object of the firm shall be to engage itself as manufacturers, dealers, agents, importers, exporters and traders of Book Binding Cloth and related goods for the above said purpose. The Complainant needed machinery for the Book Binding Cloth project. The Opposite Party is a leading manufacturer of Back Filling Machine, Calendering Machine and Damping Machine used for production of Book Binding Cloth. They gave an offer dated 31 st March, 1987 to the Complainant to sell, install and erect the machinery. The Complainant accepted the offer and placed an order vide their purchase order dated 30th June, 1987 for the supply of said machineries. There was some dispute about payment schedule. The order was later confirmed by the Opposite Party by their letter dated 1.11.89. The Opposite Parties supplied the machines on 31st March, 1990 and erected the same on 12.4.91. Some more parts were supplied on 5.8.91 for completion of the manufacturing unit. These are undisputed facts.

(3.) WE have heard the learned Counsel for the parties and have gone through the records of the two appeals. It is writ large on the record that the machinery was purchased by the Complainant for commercial purpose. The purchase of the machinery was clearly for enabling the Complainant to carry on its commercial activity of manufacturing Book Binding Cloth on a large scale for the purpose of trade with which object the partnership firm was constituted. A person who purchases goods for consideration and obtains such goods for commercial purpose is not included in the definition of consumer as given in Section 2(l)(d)(i) of the Consumer Protection Act.