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Cg Power & Industrial Solutions Limited vs Mercedes-Benz India Priviate Limited & ... on 11 September, 2017

10. The first question which arises for consideration in this complaint is as to whether the complainant is a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act or not. The aforesaid issue came up for consideration of a Three-Members Bench of National Commission in Consumer Complaint No. CC/51/2006 CG Power & Industrial Solutions Ltd. Vs. Mercedes-Benz India Pvt. Ltd., decided on 08.7.2016, and the following view was taken:
National Consumer Disputes Redressal Cites 15 - Cited by 3 - Full Document

Laxmi Engineering Works vs P.S.G. Industrial Institute on 4 April, 1995

4. Going by the dictionary meaning, a car or for that matter any goods obtained and the services hired or availed by a company can be said to have been obtained or hired or availed for a commercial purpose, only if the said goods or services are intrinsically connected with, or related to the business or commerce in which the company is engaged. The acquisition of the goods or the hiring or availing of services, in order to bring the transaction within the purview of section 2 (1) (d) of the Consumer Protection Act, therefore, should be aimed at generating profits for the company or should otherwise be connected or interwoven with the business activities of the company. The purpose behind such acquisition should be to promote, advance or augment the business activities of the company, by the use of such goods or services. As observed by the Hon'ble Supreme Court in Laxmi Engineering Works Page 8 of 18 (supra), it is not the value of the goods but the purpose for which the goods are brought or put to use, which is relevant to decide whether the goods were obtained for a commercial purpose or not. The same would be the position, where services are hired or availed by a company. If the business activities of a company cannot be conveniently undertaken without the goods purchased or the services hired or availed by a company, such purchase or hiring/availing as the case may be, would be for a commercial purpose, because the objective behind such purchase of goods or hiring or availing of the services would be to enable the company to earn profits by undertaking and advancing its business activities.
Supreme Court of India Cites 22 - Cited by 950 - B P Reddy - Full Document

M/S. Fortune Infrastructure (Now Known ... vs Trevor Dlima on 12 March, 2018

20. As discussed above, OP has not been able to show any justified reasons for delay in completion of project. There is delay of over 12 years. The complainant has made out a clear case of deficiency in service on the part of the OP. The complainant cannot be compelled to wait for indefinite period for the possession of flat allotted to them, whenever it is offered by the OP and is entitled to refund of amount paid with reasonable interest thereon. Reliance is placed on Fortune Infrastructure & Anr. v. Trevor D'Lima & Ors., (2018) 5 SCC 442 and judgments of National Commission titled Subodh Pawar v. M/s Ireo Grace Realtech Pvt. Ltd. & Page 16 of 18 4 Ors. dated 24.09.2018 in CC No.1998/2016 and Amit Arora v. M/s Ireo Grace Realtech Pvt. Ltd. dated 27.03.2019 in CC No.696/2017.
Supreme Court - Daily Orders Cites 4 - Cited by 103 - N V Ramana - Full Document
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