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AJIT BHARIHOKE, ANUP K.THAKUR
Unisource Trading (India) Pvt. Ltd. – Appellant
Versus
Continental Airline Cargo (United Cargo and Continental Cargo) – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. Jayant K Sud, Advocate
For the Opp. Party No.1:Mr. Arjun Mahajan, Advocate
For the Opp. Party No.2: Nemo

ORDER

Ajit Bharihoke, Presiding Member—Unisource Trading (India) Pvt. Ltd. has filed the instant complaint against opposite parties, namely, Continental Airline Cargo and Perfect Cargo Movers Pvt. Ltd. alleging deficiency in service on the part of the opposite parties in delivering consignment of garments to the purchasers after the expiry of due date resulting in loss to the complainant. We are not detailing full facts of the case because of objection regarding maintainability of complaint.

2. Opposite party in its written statement apart from denying the allegations on merits have taken a specific plea that the complainant is not a consumer as defined under section 2 (1)(d) of the Consumer Protection Act, 1986 (in short, the Act). As such he has no locus standi to maintain the complaint.

3. Before adverting to the submissions made by the parties, it would be useful to have a look on the definition of term ‘consumer’ qua the service provider as defined under section 2 (1) (d) of the Act.

(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 includ












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