PURCHASER OF GOODS IS A CONSUMER IF HE USES THEM FOR EARNING LIVELIHOOD

PURCHASER OF GOODS IS A CONSUMER IF HE USES THEM FOR EARNING LIVELIHOOD

-VIDHI GUPTA

BACKGROUND:

The case where the supreme court had reiterated that if the commercial use of goods is by the purchaser himself for the purpose of earning his livelihood by means of self-employment, such purchaser of goods is a consumer; was SUNIL KOHLI V. M/S PUREARTH INFRASTRUCUTRE Ltd.

In this complaint, the complainants had said that they wanted to dispose of the property in Denmark and wanted to shift to Delhi to start a business and for this purpose, the premises in question were booked.

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The bench comprising of Justice Uday Umesh Lalit,  Justice Indira Banerjee and Justice MR Shah considered the appeal against the order of National Consumer Commission which had priory dismissed a complaint on the ground of maintainability.

CASE FACTS:

The complainants wanted to shift to new Delhi from Denmark and wanted to start their business in Delhi and thus wanted to dispose of the property in Denmark. This complaint was filed alleging that the other party has failed to deliver possession of the subject for the unit even years after the expiry of the stipulated date of deliver of possession. The complainants had already booked the commercial premises and thus the court, disbelieving this version, said that it can be safely concluded that they had already hired of the services of the other party for commercial purpose, as such they are not the consumers as envisaged under section 2(1) (d).

On the appeal of the apex court bench observed that it cannot be ruled that the case of the complainants would not come within the definition of “consumer” as defined under provisions act.

CONCLUSIONS:

Referring to Section 2(1)(d)(i) of the provision’s act and also the judgments made in Laxmi Engineering Works v. P.S.G Industrial Institute: If the commercial use is by the purchaser himself for the purpose of earning his livelihood by means of self employment such purchaser of goods is yet a ‘consumer’. In other words, if the buyer of goods uses them himself, i.e, by self-employment, for earning his livelihood, it would not be treated as commercial purpose and he does not cease to be a consumer for the purposes of the act.

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