ORDER

S.N. Basu, Member - This is a Revision Petition filed by the OPs against the order dated 11.8.2008 passed in D.F. Case No. 59 of 2008 by the Howrah District Consumer Forum. In the said order the learned Forum held that the complaint is maintainable and the complainant is also a Consumer in terms of Section 2(1)(d) of the Consumer Protection Act, 1986 and rejected the petition of maintainability filed by the present Revision Petitioners before the Forum below.

2. The Revisionists contended that they are the manufacturer of industrial goods and they supplied one Mini Asphalt Hot Mix Plant to the present OP for a consideration of Rs. 4,94,000 on 4.6.2005. The OP raised allegation regarding defective functioning of the machine from time-to-time. The OP filed the case around May, 2008, i.e. almost after three years. The complaint petition is, therefore, barred by limitation and should have been dismissed by the Forum below in limine. The Petitioners also contended that the machine was utilized for commercial purpose and, therefore, the complainant is not a Consumer in terms of Section 2(1)(d) of the Consumer Protection Act, 1986. They further contended that the learned Forum had re