J.JAYARAM, J. - (1.) The unsuccessful complainant is the appellant herein.
(2.) This appeal is filed by the complainant against the order of the District Forum, Coimbatore in C.C.No.133/2008 dated 7.11.2008 dismissing the complaint claiming refund of Rs.35,868/- the excess payment made to the opposite party by the complainant and compensation of Rs.50,000/-and costs of Rs.5,000/- alleging deficiency in service on the part of the opposite party.
(3.) The case of the complainant is that he is running a Gymnasium and Fitness Center and he placed an order for supply of Gym equipments with the opposite party and accordingly the opposite party supplied the goods to the value of Rs.3,54,132/- and the complainant has paid Rs.3,90,000/- in total and thus Rs.35,868/- has been paid in excess and the items supplied by the opposite party are of inferior quality and not of the quality of the sample shown by the opposite party and the items supplied were different from the sample shown and there is deficiency in service on the part of the opposite party and hence the complaint praying for direction to the opposite party to return the excess amount of Rs.35,868/- received by the opposite party and to pay a sum of Rs.50,000/- as compensation for mental agony and physical strain and Rs.5,000/- as costs. According to the opposite party the complainant purchased the goods for commercial purpose and the complainant is running a Gymnasium which is commercial in nature and it is not for self employment or not for his own use and the complainant has retired from Government service and is drawing pension of Rs.10,000/- p.m and since the purchase of goods is for commercial purpose, consumer complaint is not maintainable. Further the items supplied by him are of good quality and the complainant has not installed them properly and the articles are not maintained properly and there is no defect in the articles supplied by him and therefore there is no deficiency in service on his part.;