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SUNITA YADAV, MONIKA MALIK
Ocean Enterprises Through Partner S. Vinod – Appellant
Versus
Ram Kumar Kataria – Respondent
ORDER
Dr. Monika Malik, Member—This appeal by the complainant / appellant (hereinafter referred to as ‘complainant’), is directed against the order dated 20.2.2020 passed by the District Consumer Disputes Redressal Commission No.2, Indore (for short ‘District Commission’), in complaint case No.142/2020, whereby the District Commission has dismissed the complaint at motion hearing stage.
2. Heard.
3. Learned counsel for complainant argued that the District Commission has failed to appreciate that the subject machine, which was purchased by the complainant was to be installed at Indore. The District Commission observing that the opposite parties do not conduct any business at Indore, reached a conclusion that the District Commission, Indore has no territorial jurisdiction to entertain the complaint. The fact is that the cause of action arises at Indore, since the said machine was to be delivered at Indore. Mention of wrong address, as has been observed by the District Commission, is just a typographical error, which could not be a basis of dismissal of complaint. She further argued that the District Commission has wrongly observed that the complainant is not a ‘consumer’ as defined in S
Commercial Purpose Exception – The plea that a machine was purchased for “earning livelihood by way of self-employment” is a significant averment that brings a complainant within the ambit of the def....
(1) Livelihood – It was the bounden duty of the opposite parties to establish that the purpose was not for the livelihood of the complainant. (2) Profit generation – It has to be seen whether the dom....
Determination of 'consumer' status hinges on the purpose of purchase, with commercial endeavors not qualifying if purely for self-employment.
No consumer dispute is made out between Appellant and Respondents since Appellant is no more the consumer of Respondents
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