Mir Dara Sheko, J. - (1.) THE application under Article 227 of the Constitution of India has been directed against the order dated 29th February, 2008 passed by the State Commission in S.C. Case No. 136/A/2007 arising out the judgment and order dated 19th March, 2007 passed by the District Forum Unit -II in C.D.F. II, Case No. 69 of 2004. The petitioner M/s. Sanjeev Kumar & Brothers a Partnership Concern represented by its Managing Partner Sri Ajit Kumar Gupta filed a complaint before the Consumer Disputes Redressal Forum Kolkata Unit -II, being the District Forum under Section 12 of the Consumer Protection Act, 1986, alleging that despite the complainant being the highest bidder after participation in the tender process and despite deposit of the price for the materials proposed to be lifted and despite getting supply of the materials of the first lot supply of further materials were stopped by the opposite parties and the petitioner was not allowed to take the remaining materials despite several representations and personal visits.
(2.) OPPOSITION was that the complaint under the Consumer Protection Act, 1986 was not maintainable since the impugned transaction was a commercial one and the petitioner was not a "consumer" within the meaning provided in the Act. It is pertinent to note that to meet the objection on the point of maintainability the petitioner subsequently carried out amendment in the petition of complaint which is as follows: - - "That the petitioner carried on the aforesaid business of purchasing and selling the materials for the purpose of earning his livelihood by way of self -employment. It is further stated that the petitioner carried on the aforesaid business with the occasion aid and assistance of his family members and is fully dependent on the same for earning his livelihood", and, "That the petitioner participated in the aforesaid tender of the opposite parties so that he can earn his livelihood by ways of self -employment."
(3.) THE Consumer Disputes Redressal Forum Kolkata Unit -II upon hearing both sides dismissed the complaint on contest with the findings as follows: - - "We find that the complainant firm is doing large scale business as it deals in ferrous and non -ferrous materials and also acts as a metal merchant as well as general order supplier. This complainant firm cannot be treated as a 'consumer' by any stretch of imagination. Therefore, the complainant firm has no jurisdiction to file a complaint before this District Forum and with indication that "the complainant firm has to file a fresh suit/case before a proper Court of Law/Forum having jurisdiction to entertain the litigation.";