KAMAL ENTERPRISES Vs. EVEREADY INDUSTRIES INDIA LTD

JUDGEMENT

(1.) A complaint has been made on behalf of Kamal Enterprises stating that Eveready Industries India Ltd. have stopped supplies of their products to the applicant/complainant who has been its stockist for the last 20 years. The authorised representative of the applicant/complainant has been given a hearing on the question of maintainability of the present complaint as admittedly it is a stockist and trader and not a consumer. Consumer is not defined in the MRTP Act, 1969 (the Act for brief ). In the binding ruling of the High Court of Delhi in the case of Ballarpur Industries V/s. Director General, 1988 64 CompCas 884, it has been held that the definition of 'consumer' for the purposes of the Act will be the same as contained in the Consumer Protection Act, 1986 . As the present complainant is not a consumer within the meaning of Sec.2 (d) of the Consumer Protection Act, 1986 and is admittedly a trader and a stockist of the respondent, Eveready Industries India Ltd. , its complaint is not maintainable. Accordingly, the complaint is rejected summarily as not maintainable.