The Supreme Court has said buyers of goods or commodities for ''self consumption'' in economic activities in which they are engaged would be ''consumers'' for the purpose of claim of damages under the provision of the Consumer Protection Act.
In a ruling on Friday, a bench comprising Justice SB Sinha and Justice Deepak Verma said, "buyers of goods or commodities for ''self consumption'' in economic activities in which they are engaged would be consumers as defined in the Act (Consumer Protection Act, 1986)". The immediate purpose as distinct from the ultimate purpose of purchase, sale in the same form or after conversion and a direct nexus with profit or loss would be the determinants of the character of a transaction-- whether it is for a ''commercial purpose'' or not, the court said. The court further said that while enacting the provision of the Act, Parliament wanted to exclude from the scope of the definition (of consumer) the persons who obtain goods for resale and also those who purchase goods with a view to use them for carrying on any activity for earning. The legal heirs of the purchaser of a truck had come to the apex court seeking damages due to delayed delivery of the necessary papers of the truck. It was auctioned to him on account of default in payment of instalments committed by its previous owner. The court said the appellant had mentioned categorically that he had bought the truck to be used exclusively by him for the purpose of earning his livelihood, by means of self-employment. Even if he was to employ a driver for running the truck, it would not have changed the matter in any case, as even then appellant would have continued to earn his livelihood from it and, of course, by means of self-employment, court said. (10-Aug-09) Economic Times thanks, mukesh jain. -- email: [email protected] mob: 919977165123 to read articles, circulars, books, titorials, and lot more related to PWD's visit my site: http://www.mukesh.myehome.in to know about my efforts of sketching the life of mumbai visit: http://www.themumbaicity.webs.com To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
