K.D.SHAHI, SURENDRA KUMAR
SHIKHA SHARMA – Appellant
Versus
INFOTECH ELECTRONICS PVT. LTD. – Respondent
Mr. Justice K.D. Shahi, Chairman—The appellant Smt. Shikha Sharma, w/o Sh. Rajiv Sharma is the proprietor of Data Management Services. She has purchased a computer for data process to earn her livelihood as alleged in the grounds of appeal. Although it is not written in the complaint. However, she has purchased a computer. It is said to be defective. She filed a complaint before the District Forum. District Forum held that the purchase was made for business purpose, hence the complainant is not a consumer. Although not very happily pleaded, but still the fact remains that this is a private partnership firm and the complainant has got no other source of earning except from the profit from this machine. The learned Forum appears to have been swayed by the observation-business loss. We do not want to go into the details. There is no happy pleading and technicalities of law and pleading do not strictly apply to consumer dispute. It is, therefore, proper that a proper finding should be given by the Forum whether the complainant is a business concern, whether the machine has been purchased for heavy profit, whether the machine has been purchased for livelihood or self-employment. Un
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