- (1.) THIS is an appeal by the complainant against the order dated 5.1.2005 passed by the District Forum, Udham Singh Nagar whereby his complaint was dismissed by the learned Forum.
(2.) THE facts giving rise to the case under hand are that the complainant is running a Khanna Nursing Home at Kashipur for his self -employment. That in order to purchase an Ultrasound Machine from the opposite parties worth Rs. 3,85,000, the complainant gave the advance amount of Rs. 50,000 through draft to the opposite party No. 1. It was agreed between the parties that the machine shall be delivered at Kashipur and before delivery, the demonstration and training regarding operation of the machine will be given to the complainant. The meachine was sent by the opposite parties at Kashipur through Transport Corporation of India and the payment of Rs. 3,35,000 was made on 22.12.2002 but neither the demonstration regarding the machine, nor the training was given. It is alleged that this is deficiency in the service of the opposite parties. The complainant cancelled the order of machine and received back the cheque of Rs. 3,35,000 but the opposite parties did not refund the advance amount of Rs. 50,000, therefore, he filed the complaint before the learned Forum.
(3.) BEFORE the learned Forum, the opposite party Nos. 1 and 2 filed written statement. The opposite party No. 3 did not appear before the learned Forum and the case proceeded ex parte against the opposite party No. 3. The opposite party Nos. 1 and 2 in their written statement alleged that the complaint has been filed with wrongful intention. The complainant is not a consumer because the machine was purchased for commercial purposes. The learned Forum has no jurisdiction to try the complaint because the case is that of breach of contract. The advance of Rs. 50,000 was spent in C.S.T., Excise Duty, transport etc. of the machine. The learned Forum after taking the evidence of the parties and hearing them dismissed the complaint, against which order the present appeal has been filed.;