w w w . L a w y e r S e r v i c e s . i n



M/s. V.T. Switchgears & Transformers v/s M/s. RNS Automobiles


Company & Directors' Information:- N E C C AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043600

Company & Directors' Information:- C M AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300CH2005PTC028233

Company & Directors' Information:- J P M AUTOMOBILES LIMITED [Active] CIN = U74899DL1995PLC068910

Company & Directors' Information:- K N AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404OR2013PTC016730

Company & Directors' Information:- J AND K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401JK2004PTC002447

Company & Directors' Information:- K. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2009PTC028204

Company & Directors' Information:- K N R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300WB2006PTC111199

Company & Directors' Information:- K P AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404JH2012PTC000824

Company & Directors' Information:- Y J AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401MP2013PTC031920

Company & Directors' Information:- N S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102MH2012PTC226814

Company & Directors' Information:- S K S AUTOMOBILES INDIA PRIVATE LIMITED [Strike Off] CIN = U50100TZ2009PTC014979

Company & Directors' Information:- J D AUTOMOBILES PVT. LTD. [Strike Off] CIN = U34300WB1987PTC042066

Company & Directors' Information:- B K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200AP2009PTC064484

Company & Directors' Information:- N. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102GJ2006PTC049307

Company & Directors' Information:- G M S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50101DL1997PTC089284

Company & Directors' Information:- N U AUTOMOBILES PVT LTD [Active] CIN = U74899DL1982PTC013126

Company & Directors' Information:- D K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U29246CH1989PTC009607

Company & Directors' Information:- A. K. TRANSFORMERS PRIVATE LIMITED [Active] CIN = U31102UP1995PTC017710

Company & Directors' Information:- K Y AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400JK2021PTC012549

Company & Directors' Information:- A K AUTOMOBILES LIMITED [Amalgamated] CIN = U34100WB1984PLC038001

Company & Directors' Information:- U P TRANSFORMERS (INDIA) PRIVATE LIMITED [Active] CIN = U31102UP1978PTC004525

Company & Directors' Information:- S. K. TRANSFORMERS PRIVATE LIMITED [Active] CIN = U27201UP1991PTC012772

Company & Directors' Information:- A AND S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U51103DL1997PTC085147

Company & Directors' Information:- M. H. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200HP2015PTC000946

Company & Directors' Information:- R M TRANSFORMERS PRIVATE LIMITED [Active] CIN = U31104DL1997PTC087228

Company & Directors' Information:- R. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071719

Company & Directors' Information:- E E I TRANSFORMERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1979PTC009707

Company & Directors' Information:- R. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50100BR2020PTC047409

Company & Directors' Information:- M R AUTOMOBILES (INDIA) PRIVATE LIMITED [Active] CIN = U34300DL1998PTC094488

Company & Directors' Information:- V. M. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U35911UP1995PTC018136

Company & Directors' Information:- P D AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400RJ2021PTC074633

Company & Directors' Information:- T A TRANSFORMERS LIMITED [Active] CIN = U45202UP1989PLC010606

Company & Directors' Information:- A R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50404PY2011PTC002555

Company & Directors' Information:- G S SWITCHGEARS PRIVATE LIMITED [Active] CIN = U31909DL2002PTC118204

Company & Directors' Information:- A & A SWITCHGEARS PRIVATE LIMITED [Strike Off] CIN = U31200PB1995PTC015690

Company & Directors' Information:- K P V AUTOMOBILES PVT LTD [Active] CIN = U50300KL1991PTC006035

Company & Directors' Information:- J B S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101OR2005PTC008397

Company & Directors' Information:- R K TRANSFORMERS PRIVATE LIMITED [Strike Off] CIN = U31102UP2001PTC026019

Company & Directors' Information:- S. N. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50500WB2018PTC224868

Company & Directors' Information:- S AND C SWITCHGEARS PRIVATE LIMITED. [Strike Off] CIN = U40105UP1996PTC019820

Company & Directors' Information:- K AND K TRANSFORMERS PRIVATE LIMITED [Strike Off] CIN = U31102PB1995PTC017018

Company & Directors' Information:- J & K TRANSFORMERS PRIVATE LIMITED [Strike Off] CIN = U31102JK1976PTC000412

Company & Directors' Information:- J AND P SWITCHGEARS PRIVATE LIMITED [Active] CIN = U72100UP1991PTC013099

Company & Directors' Information:- M S SWITCHGEARS PRIVATE LIMITED [Active] CIN = U32104MH1999PTC122279

Company & Directors' Information:- S V G SWITCHGEARS PVT LTD [Strike Off] CIN = U32109PB1989PTC009168

Company & Directors' Information:- M P AUTOMOBILES PVT LTD [Strike Off] CIN = U50404MP1957PTC000842

Company & Directors' Information:- G. E. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400DL2018PTC341171

Company & Directors' Information:- P K AUTOMOBILES PVT LTD [Strike Off] CIN = U50300UP1979PTC004841

Company & Directors' Information:- P L AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2014PTC046516

Company & Directors' Information:- S G K R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U60210TN1960PTC004283

Company & Directors' Information:- H. T. SWITCHGEARS PRIVATE LIMITED [Active] CIN = U31504PN2013PTC147803

Company & Directors' Information:- N R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50400MH2014PTC255882

Company & Directors' Information:- S. N. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400MH2017PTC299238

Company & Directors' Information:- M R K AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50102UP2011PTC045868

Company & Directors' Information:- I B AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U29253DL2008PTC172205

Company & Directors' Information:- T K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC017940

Company & Directors' Information:- V R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U34200DL2007PTC170076

Company & Directors' Information:- K T AUTOMOBILES PVT LTD [Strike Off] CIN = U99999UP1959PTC002730

Company & Directors' Information:- M B AUTOMOBILES PVT LTD [Strike Off] CIN = U35923WB1966PTC026743

Company & Directors' Information:- B M AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50200DL2007PTC162611

Company & Directors' Information:- H A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34102DL2007PTC163030

Company & Directors' Information:- P A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101DL2007PTC161483

Company & Directors' Information:- K G AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34200DL2007PTC162859

Company & Directors' Information:- P R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34201DL2007PTC161053

Company & Directors' Information:- AUTOMOBILES PVT. LTD. [Strike Off] CIN = U99999DL2000PTC000916

    Revision Petition No. 3004 of 2012

    Decided On, 22 April 2015

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE AJIT BHARIHOKE
    By, PRESIDING MEMBER & THE HONOURABLE MRS. REKHA GUPTA
    By, MEMBER

    For the Petitioner: Anil C. Nishani, Advocate. For the Respondent: Ajai Bhalla, Advocate.



Judgment Text

This revision is directed against the order of the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission) dated 15.2.2012 in appeal No.36/2012 whereby the State Commission dismissed the appeal preferred by the petitioner/opposite party at the stage of admission.

2. Briefly put, facts relevant for the disposal of the revision petition are that the respondent/complainant filed a consumer complaint against the petitioner alleging deficiency in service in respect of transformer purchased by him from the opposite party which developed defect immediately after commissioning. According to the respondent the opposite party has failed to rectify the defect or refund the consideration amount alongwith other expenses incurred for installation of transformer and repair of the same.

3. The petitioner/opposite party resisted the complaint by filing written statement. Besides denying the plea of the complainant on merits, the petitioner took preliminary objection that the complaint itself is not maintainable because the respondent is not a consumer as defined under Section 2 (1) (d) of the Consumer Protection Act, 1986 ( in short, the Act).

4. Learned District forum on appraisal of the pleadings and the evidence allowed the complaint and directed thus: -

'The OP is directed to refund a sum of Rs.1,81,526/- received under invoice No.149, dt. 22/11/2010 towards the cost of transformer and to pay a sum of Rs.85,000/- towards the expenses incurred by the complainant at the hands of OP and a sum of Rs.300/- as compensation alongwith a sum of Rs.1,000/- towards the cost of the litigation within one month from the date of receipt of copy of this order. Failing to comply the order, the OP shall pay an interest @ 6% p.a. on the amount of Rs.2,66,526/- (Rs.1,81,526/- + Rs.85,000/-) from the date of this order till realization.'

5. Being aggrieved of the order of the District Forum, the petitioner preferred an appeal before the State Commission and the State Commission vide impugned order dismissed the appeal in limine. This has led to filing of the revision petition.

6. Learned counsel for the petitioner has assailed the impugned order on the ground that the Foras below have committed grave error in failing to appreciate that the transformer in question was admittedly purchased by the respondent in relation to a commercial purpose i.e. for installation at his commercial unit and as such he is not a consumer as defined under Section 2 (1) (d) of the Act. It is contended that on this count alone the impugned order is liable to be set aside.

7. Learned counsel for the petitioner on the contrary has argued in support of the impugned order.

8. In order to appreciate the contention of learned counsel for the petitioner, it would be useful to have a look on the definition of the consumer as envisaged under Section 2 (1) (d) of the Consumer Protection Act, 1986, which reads as under: -

'(d) "consumer" means any person who-

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 'hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes;

Explanation.- For the purposes of this clause, 'commercial purpose' does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment.

9. On reading of the above, it is clear that consumer is a person who purchases goods for consideration but does not include the person who buys the goods for commercial purpose. The explanation to the section carves out an exception by providing that if the goods are purchased for earning livelihood by way of self-employment, it shall not be treated as the commercial purpose.

10. The petitioner complainant has neither pleaded nor led any evidence to show that he had purchased the subject transformer exclusively for the purpose of earning his livelihood by means of self employment. The sole question which needs answer in this revision petition is whether or not the transformer was purchased for commercial purpose? If the answer to this question is in the affirmative, then of-course, the petitioner is not a consumer for the purpose of the Act and the consumer complaint filed by him is not maintainable.

11. Learned counsel for the petitioner has contended that State Commission has committed a grave error in failing to appreciate that the subject transformer was purchased in order to fulfill the requirement of the electricity supply company for getting electricity connection for the unit of the complainant. It is contended that the State Commission failed to appreciate that the District Forum rightly held that there was no direct nexus between the purchase of transformer and earning profit by running a unit. Thus, it is urged that the impugned order of the State Commission be set aside and the order of the District Forum be restored.

12. We do not find merit in the contention. Admittedly, complainant had purchased the transformer to ensure power supply to his new service station as per the electricity company norms. Thus, it is clear that the transformer was purchased in relation to commercial purpose i.e. providing the electricity to the unit which was essential component to run the service

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station. Thus, in view of the exception provided in Section 2 (1) (d) (i) & (ii), the respondent is not a consumer particularly when it is not the case of the complainant that he falls within the exception to Section 2 (1) (d) which gives restricted definition to the term 'commercial purpose.' 13. In view of the discussion above, there is no doubt in our mind that the respondent is not covered under the definition of consumer. Since he is not a consumer, he could not have maintained the consumer complaint. Therefore, the impugned orders cannot be sustained. 14. In the result, revision petition is allowed, orders of the foras below are set aside and complaint is dismissed.
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