ORDER

R.K. Batta, Presiding Member - The complainant, Modern Constructions, which is a partnership firm, had purchased TPH computerized HOT MIX PLANT from O.P.-Meera Industries on 2.11.2005 on payment of Rs. 18.72 lakh. According to the complainant, the said TPH computerized HOT MIX PLANT could not start operation from inception in spite of efforts being made by the technicians/engineers of OP. The engineers of O.P. failed to put the machine in operation in spite of their best efforts for a prolonged period. The complainant, therefore approached the State Commission seeking refund of the total cost of the TPH computerized HOT MIX PLANT to the tune of Rs. 27,71,578 with 18% interest thereon from 3.11.2005 till the filing of the application and further interest thereon. The opposite party in their written submissions had contended that the TPH computerized HOT MIX PLANT was purchased for commercial purpose for earning huge profit and the complainant was not a consumer on account of which, the complaint was not maintainable.

2. The State Commission had taken note of the fact that the complainant had ventured into a big commercial project and for execution of the project had purchased th