Purchases For Earning Livelihood Qualify Commercial Purposes Operated Solely by Others NCDRC (Consumer Case)
The complainant purchased two digital mini-lab machines for printing functions, which were imported by the opposite party and financed by bank. Within two months, the machines became defective, causing frequent issues such as malfunctioning gears and repeated dryer belt replacements, despite repairs.
After multiple unsuccessful complaints to the opposite party, the complainant filed an appeal with the State Commission of Delhi, which dismissed the complaint. The complainant then appealed to the National Commission. The National Commission considered whether the complainant qualified as a consumer under the Consumer Protection Act.
Referring to Supreme Court rulings, it noted that goods or services used for profit generation are commercial unless used for self-employment. Since the complainant operated the machines in a partnership business with commercial capacity and admitted to selling the machine during debt recovery, it was determined the machines were used for business purposes, disqualifying the complainant as a consumer.
Additionally, no expert evaluation under Section 13 supported claims of a manufacturing defect. The National Commission dismissed the appeal, upholding the State Commission’s order.
Source: – Live Law
By: – Rajat Ranjan
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