PRAKASH Vs. RADHESHYAM AGARWAL

JUDGEMENT

(1.) -THE petitioner is aggrieved by the order passed by the State Commission dismissing his complaint holding that he was not a 'consumer' upholding the order passed by the District Forum.

(2.) THE allegation of the complainant was that he being co-owner of the agricultural land situated at village Asola in Distt. Nagpur, constructed a bore well to irrigate the said agricultural land by Sawarkar Bore Well. He purchased the submersible pump and electric installation from the respondent Nos. 1 to 3 for entire cost of Rs. 38,910. The complainant was an employee of respondent No. 4 as well as relation of one of the partners of respondent No. 4. He made a part payment. Since the respondent No. 4 had business relations with respondent Nos. 1 to 3, the invoice, bill and delivery memo dated 28. 2. 2001 were issued in the name of respondent No. 4. The delivery was received by his elder brother of the complainant/petitioner. The submersible pump was installed by the respondent Nos. 1 to 3. The rope wire used was found to be defective being of sub-standard quality, broken down and submersible pump broken down and fallen down and was ruptured. The entire operation of the bore well came to standstill since 8. 8. 2001 though the respondent Nos. 1 to 3 assured to set right the defect but avoided to do so. When the respondent failed to set right and repair the bore well, a complaint had to be filed before the District Forum after serving notice.

(3.) THE respondent contested the matter before the District Forum, inter alia on the ground that the complainant had no right to file complaint saying that neither he had purchased anything from them, nor hired any services from them, hence he was not a consumer under Sections 2 (d) (i), 2 (d) (ii) of the Consumer Protection Act. They also denied the fact that they were in the business of installation of submersible pumps and electric installation, and they had not undertaken any such kind of installation work. The invoice was for Rs. 27,910 for which, the amount of Rs. 29,910 was paid vide cheque No. 068217 dated 1. 3. 2001 by the opposite party No. 4 i. e. M/s. Amiya Sales Corporation. It was M/s. Amiya Sales Corporation, who had purchased these goods and made the due payments. A sum of Rs. 10,728 by cheque bearing No. 577737 dated 27. 3. 2001 was also made by the opposite party No. 4 against the Bill No. 2473 dated 28. 2. 2001.