Cosumer protection act, 1986

Santanu Dutta (Querist) 13 September 2014 This query is : Resolved
A purchased a car for commercial purpose. Subsequently A detected that the Local Distributor of the said car delivered A an old model of that car whereas A paid for the latest model.
Whether A is entitled to file a complaint before the District Consumer Forum to get the relief.

Follow Query

Report Abuse

Advocate Bhartesh goyal (Expert) 13 September 2014
No,complaint is not maintainable befoer consumer forum.car was purchased for commercial use/purpose so A is not consumer.see the defination of consumer as under:-
(d) “consumer” means any person who-

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) 1[hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 1[hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payments, when such services are availed of with the approval of the first-mentioned person;

2[Explanation: For the purposes of sub-clause (i), "commercial purpose" does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;]