1.  The quantum of Cargo material & weight would prove the "self-use" or "commercial use" of the imported goods.

2. The evidence (income tax records, Bills, Tax records) that imported goods would be sold /traded in the market would constitute that it is a commercial transaction and hence not within the jurisdiction of the Consumer Court, BUT within the jurisdiction of the Civil Court.

complaint in consumer forum is not maintainable as goods in question was purchased by  the complainant for commercial purpose and the complainant  is not a ''consumer'' under Section 2(d)(i) of the Consumer Protection Act, 1986.

2) 

 In Birla Technologies Limited v. Neutral Glass and Allied Industries Limited., (2011) 1 Supreme Court Cases 525, Hon'ble Supreme Court observed thus :

"7. By its order dated 4.3.2004, the State Commission accepted the appellant's preliminary objection and dismissed the complaint. The respondent complainant, therefore filed First Appeal No.218 of 2004 before the National Commission. By its order dated 17.12.2009, which is impugned here, the National Commission reversed the order of the State Commission and held that the "goods" purchased by the respondent from the appellant were being used by the respondent for a commercial purpose and, therefore, the respondent was not a "consumer" within the meaning of Section 2(1)(d)(i) of the Act. However, the National Commission further held that notwithstanding such findings, the respondent was entitled to maintain a complaint under the Act with respect to the deficiency in service during one-year warranty period with respect to the said goods relying on Section 2(1)(d)(ii) of the Act.

12. It seems that the whole error has crept in because of the wrong factual observation that the complaint was filed on 1.8.2000. In that view it has to be held that the complaint itself was not maintainable, firstly, on the count that under Section 2(1)(d)(i), the goods have been purchased for commercial purposes and on the second count that the services were hired or availed of for commercial purposes. The matter does not come even under the Explanation which was introduced on the same day i.e. on 15-3-2003 by way of the amendment by the same Amendment Act, as it is nobody's case that the goods bought and used by the respondent herein and the services availed by the respondent were exclusively for the purpose of earning the respondent's livelihood // 10 // by means of self-employment. In that view, it will have to be held that the complaint itself was not maintainable in toto."

Complainant is a person who can be firm whether registered or not. Persons who purchase goods for consumption or use in the manufacture of goods or commodities on a large scale with a view to make profit, will all fall outside the scope of the definition of "consumer".

Well, it is for sure that the cargo was imported for commercial purpose and if that is so then deficiency of service arising out of commercial transaction .

In tat event no case before the consumer forum can be filed and it is filed file a petition challenging the maintainability of the proceeding.

Then file a summary suit for recovery of money claiming your 50 Lakhs. 

Amendment Act 62/2002 in the Consumer Protection Act, 1982 excluded any person who hires or purchases any goods for resale or for any other commercial purpose from the definition of ‘consumer’ as defined in Section 2 of the Act.

In the case of Laxmi Engineering Works vs. P.S.G Industrial Institute, the Supreme Court held that whether goods bought by a person are for a ‘commercial purpose’ is a question of fact and it should be decided by taking into account all the facts and circumstances in each case. The Supreme Court further observed that if the goods have been used by the purchaser himself for commercial use then he would be considered to be a consumer under this Act but if that person does not use the good himself and engages some other person to operate that particular good then such person will not come under the ambit of the definition of ‘consumer’.

Thus, evidence will have to be led by the Complainant on this factual aspect so as to determine the question whether or not this Consumer Firm will come under the definition of 'Consumer'

See for you the customer was taking services and he was customer so the case can be filed though you can contest same on limitation , the product is used for commercial purpose. 

No. One who purchase goods for commercial purposes is not a consumer under consumer protection act and therefore can not approach the forum for any relief.

Dear Client,

Case may be files in Consumer Forum for goods brought for personal use not for commercial use.

goods are purchased for resale or for any commercial purpose, the purchaser of such goods is excluded from the definition of consumer.Therefore also, he cannot maintain the consumer complaint under the Consumer Protection Act, 1986

No it will be dismissed. Only for personal use then the same can be filed

No a proprietor ship firm who is purchasing or Imported the product for purpose of trading or manufacture other products cannot file suit in consumer court against the seller of that product.

Trading and manufacturing firm who are purchasing the product for commercial use are excluded from jurisdiction of consumer forum.

there has to be specific averment in complaint by the complainant 

that goods bought and used by him and services availed by him exclusively for the purpose of earning
 his livelihood by means of self employment".

2) in present case you are not liable as

 there was discrepancy in the weight of the actual cargo and the weight mentioned on the documents

He is importing goods from outside India, his business may not be on small scale And a pure commercial activity for profit. 

No, consumer remedy to him. And further he is penalize for for misdeclaration of the weight of the cargo, you have no role in this.

You have valid defence here to defend the case on ground that firstly it is commercial transaction the complaint before the forum has to prove that he is a consumer , secondly the complaint is barred by limitation as services were taken in 2013 and thirdly there was discrepancies in weight and authorities has not allowed cargo through you can file your reply and can contest same.

No he can not approach consumer forum for the goods purchased by him is not for his end uses but for resale. He is not a consumer to go to the forum. 

As to claim against you for damages and losses, all this disputes to be settled as per terms of agreement between the parties.

You need to try civil suit consumer court can't entertain the same

Since he is your customer he will come under the category of consumer.

Therefor he is eligible for filing a case before the consumer forum for deficiency in service against you.

You can challenge the same on the basis of the documentary evidences in your support as well as the merits on your side.

You are a service provider hence he found efficiency in your service due to the delay in supplying the cargo to him.

You may fight the case on the basis of the explanation you have provided on the amendments to the act.

This is a matter of argument since the case has already been taken on file by the consumer court.