EQUIPMENT PURCHASED BY COMPANIES - WHETHER COVERED UNDER THE CONSUMER PROTECTION ACT..?
In the normal course of business, various defects are noted in the equipments / machinery purchased by a Company. Can complaint be filed against the seller of machinery, before the Consumer Forum for such defects. Or purchase of equipment for commercial purpose is outside the purview of the Consumer Protection Act.. ?
Then what about equipments used by doctors to treat their patients, what about equipments used by hospitals for treating their patients (which is purely commercial), what about our advocates who use computers, printers, faxes for our clients ? Are they not entitled to move Consumer Forum for poor quality/defects in them Shri Barman sir?
Yes the computer for the use of the lawyer , the equipment for the use of the doctors are not directly linked with for commercial pueposes. Those are used to aid the performance of the service provider. A persona purchasing a faulty computer can bring the manufacturer to the consumer forum but a car manufacturing company can not the bring the manufacturer of a any faulty parts of its assembling units.
But instead of pre-judging an issue, i would suggest the querist Rashmi Mishra to make an attempt to file a Complaint in Consumer Forum against the manufacturer and may convince the Forum to bring it under the CP Act. I am still confident that the Forum may take a different view. If this kind of defences are taken by the manufacturers, then the object of the CP Act will be defeated.
CP.Act 1986 sec 2 (1) (d) says " ...........does not include a person who obtains such goods for resale or for any commercial purpose". There is no ambiguity in this. If Doctor & Lawyers computer is defective, they can approach consumer court. First thing they are not doing Business. They do service. Next the computer purchased is by doctor or Lawyer is neither for resale nor for commercial. Mr.D.Barman some how is correct. Goods purchased for commercial purpose will not come under the purview of the C.P.Act. 1986.
If it is proved that the defective equipment is used for commercial purpose, then I am sorry for recommending C.P. Act as a legal remedy. I thank Shri Barman and Shri Venkatkrishna in properly leading me as well as the querist.
Dear all respected sir, thanks to all of you for such a nice discussion & answer.
I want to know how the word "COMMERCIAL PURPOSE" should be defined? as per my understanding, commercial purpose means which is used in the business / service activity. e.g. if a manufacturing or transport company is using trucks for transportation or a doctor using equipments or a lawyer using computers. What if these tools, equipments, machineries etc are used only in the business activities of the organisation?
If any machinary,equipment or vehicle purchased for the livlihood inspite of commercial activity will come under ambit of consumer protection act and purchaser is a consumer for example a truck purchased by driver for self driving and he is earning for his livlihood is consumer and if such truck is leased to transport company and hiring it or any agency purchasing it for further sale then it will be called commercial activity