Search Results Page
Search Results
1 - 7 of 7 (0.64 seconds)Sri Rajendra Mills Ltd. vs H.V.M. Hazi Hasan Dada And Anr. on 7 July, 1969
Other
judgments of the High Courts on this point is "Rajendra Mills Ltd.
versus H.V.M. Hazi Hasan Dada", 1970 AIR (Cal) 342 and "S.
Manuel Raj and Company versus J. Manilal and Company",
1963 AIR (Guj.) 148, therefore, we are of the opinion that the
machine was purchased by the complainant/appellant for commercial
purposes.
S. Manuel Raj And Co. vs J. Manilal And Co. on 29 August, 1962
Other
judgments of the High Courts on this point is "Rajendra Mills Ltd.
versus H.V.M. Hazi Hasan Dada", 1970 AIR (Cal) 342 and "S.
Manuel Raj and Company versus J. Manilal and Company",
1963 AIR (Guj.) 148, therefore, we are of the opinion that the
machine was purchased by the complainant/appellant for commercial
purposes.
Laxmi Engineering Works vs P.S.G. Industrial Institute on 4 April, 1995
11. The next point is whether the complainant is consumer as
defined under the Act. In case the appellant/complainant had
purchased the machine for commercial purposes then it will not come
under the explanation attached to Section 2(1)(d) of the Act.
Certainly, the appellant is selling the milk at large scale and in such
circumstances, it can be taken that he is doing this business for
commercial purposes. To support this proposition, there is judgment
of the Hon'ble Supreme Court "Laxmi Engineering Works versus
Rs. G. Industrial Institute", 1995 (3) SCC 583:1995 AIR (SC) 1428
wherein it has been so observed "Commercial" denotes "pertaining to
commerce" (Chamber's Twentieth Century Dictionary); it means
'connected with, or engaged in commerce; mercantile: having profit
as the main aim" (Collins English Dictionary) whereas the word
"commerce" means financial transactions especially buying and
selling of merchanidise, on a large scale" (Concise Oxford
Dictionary). The National Commission appears to have been taking a
consistent view that where a person purchases goods "with a view to
using such goods for carrying on any activity on a large scale for the
purpose of earning profit" he will not be a "consumer" within the
FIRST APPEAL NO. 380 OF 2012 8
meaning of Section 2(d)(i) of the Act. Broadly affirming the said view
and more particularly with a view to obviate any confusion - the
expression "large-scale" is not a very precise expression - the
Parliament stepped in and added the explanation to Section 2(d)(i) by
Ordinance / Amendment Act, 1993" and the business at large scale is
done with a purpose to earn profit, therefore, it can be categorize that
the machine has been purchased for commercial purposes.
Section 3 in The Consumer Protection Act, 1986 [Entire Act]
Section 11 in The Consumer Protection Act, 1986 [Entire Act]
Section 12 in The Consumer Protection Act, 1986 [Entire Act]
1