ORDER

V.K. Jain, Member—The complainant / respondent No.1 namely Shri Ram Kumar is running a Pathology Laboratory at two locations, and claims to be earning his livelihood from the income of the said laboratory. He purchased an instrument called ‘Lumax’ from the petitioner company for the price of Rs.3,79,250/-. A chemical kit for being used in the said instrument was also purchased by the complainant, for a price of Rs.1,20,000/-. Alleging defects in the instrument purchased by him, the complainant approached the concerned District Forum, seeking refund of the price which he had paid for the instrument and for the chemical kit with interest etc. The purchase having been made through respondent No.2 Sharda Enterprises, the aforesaid firm was also impleaded as one of the opposite parties in the consumer complaint.

2. The complaint was resisted by the petitioner, inter-alia on the ground that the complainant was not a consumer he having purchased the instrument for a commercial purpose.

3. The consumer complaint was dismissed by the District Forum holding that the complainant was not a consumer within the meaning of Consumer Protection Act.

4. Being aggrieved from the order passed by