National Consumer Disputes Redressal
Delhi Transport Corporation Employees ... vs Orissa Small Industries And Anr. on 2 August, 2005
Equivalent citations: III(2007)CPJ316(NC)
ORDER
K.S. Gupta, J. (Presiding Member)
1. Complaint has been filed, inter alia, alleging that complainant is a trust registered under the Indian Trust Act, 1881. Opposite party No. 1 had invited applications for investment in 13.75% bonds and in response to that invitation, the complainant applied for 600 numbers of bonds of Rs. 1 lakh each amounting to Rs. 6 crores. By the letter dated 16.3.2001/1.5.2000, the opposite party No. 1 inf ormed the complainant in regard to allotment of 600 numbers of bonds. Bonds were guaranteed by opposite party No. 2. It is alleged maturity date of the bonds was 15.3.2005. Opposite party No. 1 has paid interest at the prescribed rate upto December, 2002. Despite repeated requests, the opposite party No. 1 has failed to refund the amount of bonds and pay interest. Direction is sought for payment by the opposite parties for the amounts of Rs. 72,62,500 towards remaining interest upto the date of maturity i.e., 15.3.2005; Rs. 18,50,000 towards overdue interest, Rs. 6 crores as principal amount and Rs. 10 lakh by way of damages on account of hardship and mental agony, totaing Rs. 7,01,12,500 by the complainant.
2. Since, we have been of prima facie view that complainant is not a 'consumer, we heard Mr. Arjun Chawla for complainant on that point at admission stage. After amendment w.e.f. 15.3.2003, the definition of 'Consumer' as given in Section 2(1)(d)(ii) reads thus:
"Consumer" means any person who-
(i) ...
(ii) hires or avails of any services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or party paid and partly promised or under any system of deferred payment, when such services are availed of with the approval of first mentioned person but does not include a person who avails of such services for any commercial purpose.
Explanation : For the purposes of this clause, "commercial purpose" does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment.
3. Bare reading of the Explanation would show that unless the service is hired, or availed of for earning livelihood by means of self-employment, it will fall within the meaning of 'commercial activity'. Intention in investing hefty amount of Rs. 6 crores in the bonds issued by opposite party No. 1 by the complainant was to earn higher rate of interest of 13.75% p.a. and this would obviously fall within the definition of 'commercial purpose/activity' within the meaning of said definition. By no stretch of imagination, the complainant can be said to be a 'consumer'. Complaint is, thus, not legally maintainable under the Act. Dismissed as such.