Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Subash (Manager)     18 March 2022

Consumer complaint for a company

I have purchased 25 chairs for my office and almost all chairs have broken within a year. I filed an online consumer complaint in edaakhil.nic.in portal. The complaint is not approved and have been reverted by the consumer forum stating the reason  "How the complainant is a consumer since the receipt is in the name of company?" The purchase and invoice is on company name. 

How do I take this as a consumer case against the vendor.?.  



Learning

 12 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     18 March 2022

Hello,

As per my opinion, consumer complaint is not possible in your case as company was complainant. The chairs were used for business purpose of company. Consult with expert advocate to find out other possibilities to take action against supplier. 

1 Like

Advocate Bhartesh goyal (advocate)     18 March 2022

Yes, your complaint is not maintainable.chairs were purchased for office use .if any item/product is purchased for commercial  purpose/activity does not come under the purview of consumer.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 March 2022

I agree with the opinions given by learned advocates. You can go to regular civil court.

1 Like

Kishor Mehta (CEO)     19 March 2022

You should prove that the chairs were not for resale or a business commodity for your business but for the use of your office that makes your office a consumer and the Consumer Forum has to accept your complaint.

1 Like

Dr J C Vashista (Advocate)     20 March 2022

I agree with expert advise of Mr. Kishor Mehta,

Sub-Section 31 of Section 2 of Consumer Protection Act, 2019 provides that,

(31) "person" includes— (i) an individual; (ii) a firm whether registered or not; (iii) a Hindu undivided family; (iv) a co-operative society; (v) an association of persons whether registered under the Societies Registration Act, 1860 or not; (vi) any corporation, company or a body of individuals whether incorporated or not; (vii) any artificial juridical person, not falling within any of the preceding sub-clauses;

 

Further Section 35 (1) of the Act provides

35. (1) A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission by—

(a) the consumer,— (i) to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided; or (ii) who alleges unfair trade practice in respect of such goods or service;

(b) any recognised consumer association, whether the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided, or who alleges unfair trade practice in respect of such goods or service, is a member of such association or not;

(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Commission, on behalf of, or for the benefit of, all consumers so interested; or (d) the Central Government, the Central Authority or the State Government, as the case may be:

Provided that the complaint under this sub-section may be filed electronically in such manner as may be prescribed.

Explanation.—For the purposes of this sub-section, "recognised consumer association" means any voluntary consumer association registered under any law for the time being in force.

 

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 March 2022

I beg to disagree with the learned lawyer.  Under Section 2(c)(vi)(d) of the Consumer Protection Act 1986  

consumer means any person --------.

The consumer has to be a person or an individual. Hence it excludes a company.

For companies and commercial entities there are laws other than the Consumer Protection Act, 1986. They can seek remedy under those laws.

1 Like

Dr J C Vashista (Advocate)     21 March 2022

@ Mr. MPS Ramani ji,

Please appreciate the fact that Consumer Protection Act, 1986 stands repealed vide Section 107 of the Consumer Protection Act, 2019, which reads as:

107. (1) The Consumer Protection Act, 1986 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act hereby repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 March 2022

There is no change in the Sections relevant to the context here between the Act of 1986 and the Act of 2019.

The term "Person can include a firm, which can be argued to include a 'Company' also. But the intrepretation has to be made along with the definition of the term consumer, which does not include a person who obtains such goods for any commercial purpose. If the chairs have been purchased in the name of a company the product or service of the company is the purpose and not the purpose of a chair which is for sitting. 

1 Like

Sarahh Pincher   05 April 2022

If you have problems with an item or service you purchased, you have the right to complain. Start your complaint with the seller or manufacturer. If they don't help, seek help from your local government or a consumer organization. Use these steps to get started.


 

1 Like

P. Venu (Advocate)     16 April 2022

As matters stand now, there is no particular advantage in approaching a consumer Court. You may file a civil suit.

1 Like

Subash (Manager)     18 April 2022

Thanks for the discussion from the learned advocates and others. I understand that the case can withstand as a consumer . Now how do I make understand the consumer forum about it and accept my complaint.

Suveera Patil   29 June 2022

The complaint is not maintainable. Chairs were purchased for office use only. A consumer protection act does not apply to items/products purchased for commercial purposes/activities.


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