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ASHOK BHAN, B.K.TAIMNI, R.K.BATTA
Sanjay D. Ghodawat – Appellant
Versus
R. R. B. Energy Ltd. – Respondent


Advocate Appeared:
For the Complainants in CC No. 155/08 and 38/09:Mr. Ramesh Singh, Ms. Bina Singh, Mr. Gaurav Singh and Mr. Ankur, Advocates.
For the Opposite Parties in CC No. 155/08 and 38/09 :Mr. Sandeep Mahapatra and Mr. Anshu Bhanot, Advocates.
For the Appellant in FA No. 218/04 :Mr. J.B. Prabhavalkar, Advocate.
For the Respondent:Mr. Bharat Sangal, Mr. R.R. Kumar, Ms. Vernika Tomar and Ms. Mrinalini Oinam, Advocates.

ORDER :

R.K. Batta, Member

The Original Complaint No. 155 of 2008 was ordered to be placed before the Larger Bench in view of order dated 16.12.2008 passed by a Bench of this Commission.The said order reads as under:

“We have heard Mr. S.B. Prabhavalkar, Advocate, learned Counsel for the complainant at length on the question of main-tainability of the present complaint before this Commission.

As per the complainant, he had purchased Wind Electric Generators (WEGs) at a cost of more than Rs. 73 crores from the opposite party for generating and distributing/selling electric energy, i.e., for a clearly commercial purpose. It is alleged that certain defects were noticed in the installation of the said WEGs during the warranty/extended warranty period, which would entitle the complainant to seek remedy against the opposite party under the Consumer Protection Act, 1986 even if the purchase of the WEGs (and installation and related services rendered in that context) was (were) for a commercial purpose. For this Mr. Prabhavalkar relies on the judgment of this Commission in the case of Amtrex Ambience Ltd. v. M/s. Alpha Radios & Anr., 1986-96 Consumer 1999 (NS); 1996(1) CCC 167 (NS); Meera & Co

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