Lawstreet Journal

Purchaser Of Goods Is A Consumer If The Commercial Use Is By The Purchaser Himself For The Purpose Of Earning His Livelihood: SC [Read Judgment]

Lawstreet Journal 11 Oct 2019 4:41pm

Image courtesy: Lawstreet Journal Judiciary Purchaser Of Goods Is A Consumer If The Commercial Use Is By The Purchaser Himself For The Purpose Of Earning His Livelihood: SC [Read Judgment]

The Supreme Court on October 1, 2019, in the case of Sunil Kohli & Anr. v. M/S Purearth Infrastructure Ltd., has reiterated that if the commercial use of goods is by the purchaser himself for the purpose of earning his livelihood by means of selfemployment, such purchaser of goods is a "consumer'".

A Bench comprising of Justice Uday Umesh Lalit, Justice Indira Banerjee and Justice M.R. Shah passed the ruling while hearing an appeal filed against the order passed by the National Consumer Disputes Redressal Commission which dismissed a complaint on the ground of maintainability.

Background

In this case, the complainants are non-resident Indians presently residing in Denmark. They intend to shift to India. Thus with the intention to earn their livelihood they booked a shop. The complaint was filed alleging that the opposite party failed to deliver possession of the subject unit even years after the expiry of the stipulated date of delivery of possession. Disbelieving this version, the commission had observed that as the complainants had booked the commercial premises, it can be safely concluded that they had hired/availed of the services of the opposite party for commercial purpose, as such they are not the consumers as envisaged under Section 2 (1) (d) of the Consumer Protection Act, 1986.

Findings

In appeal, the bench observed that it cannot be ruled that the case of the complainants would not come within the definition of "consumer" as defined under the provisions of the Act.

Referring to Section 2(1)(d)(i) of the Act and also the… Continue Reading...


Tagged: supreme court in india  
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