Consumer act
Anand Pratap Mishra
(Querist) 16 December 2010
This query is : Resolved
Whether a Private Limited Company is a consumer under CPA 1986?
Satyendra Kumar Pandey
(Expert) 16 December 2010
If the service taken by the company for his personal use then he is comes in the purview of consumer otherwise not.
Read section 2 of the act.
H.M.Patnaik
(Expert) 16 December 2010
Hi Mr. Anand,
Since a private limited company is treated as a juridical person and in that capacity can sue anybody and be sued by others foe any alleged lapse,if the said entity has received any service from others for consideration ,then it can be treated as a Consumer under the CPA Act, 1986.
Advocate. Arunagiri
(Expert) 16 December 2010
Even though a company is a artificial person, it is run by company officials only. If you initiate a case against a company, the company executives are answerable.
Advocate Bhartesh goyal
(Expert) 16 December 2010
Yes,If Pvt.Ltd.company hires services from anyone by paying consideration and the service provider makes deficiencies in providing services then in that situation Pvt.Ltd.co.can file consumer case against the service provider.The Board of Directors of company has to authorise someone to file complaint on behalf of company.
Parveen Kr. Aggarwal
(Expert) 17 December 2010
A complainant may file a complaint under the provisions of the Consumer Protection Act, 1986. Section 2(1)(b) of the Act defines a comlainant as:
"(b) "complainant" means—
(i) a consumer; or
(ii) any voluntary consumer association registered under the Companies Act, 1956 (1of 1956)or under any other law for the time being in force; or
(iii)the Central Government or any State Government,
(iv) one or more consumers, where there are numerous consumers having the same interest;
(v) in case of death of a consumer, his legal heir or representative; who or which makes a complaint;
A 'consumer' is defined under section 2(1)(d)as:
"(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) 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 'hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes;"
Section 2(1)(m) provides for definition of 'person' in the following words:
"(m) "person" includes,—
(i) a firm whether registered or not;
(ii) a Hindu undivided family;
(iii) a co-operative society;
(iv) every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not"
V.Mahadevan
(Expert) 17 December 2010
THE CONSUMER PROTECTION ACT, 1986 (COPA) PROVIDES FOR PROTECTION OF THE INTERESTS OF CONSUMERS OF GOODS AND SERVICES. SUCH TRASACTIONS ARE FROM B TO C (BUSINESS TO CONSUMERS) AND NOT TRASACTIONS IN THE NATURE OF B TO B (BUSINESS TO BUSINESS). MANUFACTURERRS AND DEALERS WHO SOURCE INPUTS / GOODS ARE NOT CONSUMERS WITHIN THE MEANING OF CONSUMERS AS DEFINED IN COPA. cORPORATE ENTITIES ARE NOT COVERED UNDER COPA.
MAHADEVAN
Ahmed Daud Girach
(Expert) 17 December 2010
Pvt Ltd.company is a consumer if it Buys any goods or services for consideration paid or promised Sec.2(1)m is inclusive definition means there may be other categories also than listed viz.firm,HUF,Cooperative sosiety if purchsae if for own use and not for resale or commercial purpose.
A private company dealing in computers want to file a case against telephone company regarding Telephone bill can surely file a case in consumer forum against telephone company as cunsumer.
