The National Consumer Commission has dismissed the complaint of the Confederation of Exporters and Expo Mart Exhibitors alleging deficiency in service by India Exposition Mart Ltd which charged them external development charges over and above the price of space allotted to them. Exporters were allotted individual spaces in a complex in Greater Noida, in the National Capital Territory, to showpiece their wares. But they were aggrieved by the demand of extra payments and the extent of space allotted to them. The commission rejected their complaint holding that the exporters were not consumers according to the definition of the word in the Consumer Protection Act. According to the law, those who buy goods or avail of services for commercial purposes are not consumers. They cannot approach the consumer forums, but should seek other legal forums.
In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there
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