Laxmi Engineering Works vs P.S.G. Industrial Institute on 4 April, 1995
14. It was argued by the counsel for the Ops that the
complainant does not fall under the category of 'consumer' as the
complainant is a firm, therefore, the electricity was used for
commercial purposes. To support this preposition, the counsel for
the Ops has referred to the judgment 2015(2) CLT 487 "M/s
Fuchasia Developers Pvt. Ltd. versus M/s. DLF Commercial
Developers Limited & Anr.". In that case, private limited
company booked commercial space. Referring the explanation to
Section 2(1)(d), it was observed that complainant being a juristic
person, the explanation does not come into the play, therefore,
Consumer Fora has no jurisdiction to entertain this complaint.
Whereas counsel for the complainant argued that firstly it is not a
commercial connection. The complainant availed the electricity
supply for residential purposes also, therefore, it falls under the
definition of consumer. To support this contention, he has referred
the full bench judgment of Hon'ble National Commission titled as
"Crompton Greaves Limited & Anr. Versus Daimler Chrysler
India Private Limited & Ors.", Consumer Case No. 51 of 2006,
First Appeal No. 536 of 2016 13
decided on 8.7.2016 wherein the Hon'ble National Commission
relied upon the judgment "Laxmi Engineering Works Vs. P.S.G.
Industrial Institute", reported in 1995 (3) SCC 583 wherein it
was observed that Parliament intended to restrict the benefits of
the Act to ordinary consumers purchasing goods either for their
own consumption or even for use in some small venture, which
they may have embarked upon in order to make a living as distinct
from large scale manufacturing or processing activity carried on for
profit. Therefore, if a transaction of purchase of goods or hiring or
availing of services is not aimed at earning profits or advancing the
business activities of the purchaser, such a transaction will not be
out of the purview of the Consumer Protection Act. It was further
followed by the Hon'ble National Commission in judgment
"Duggirala Prasad Babu Vs. M/s Skoda Auto India Pvt. Ltd.",
Revision Petition No. 428 of 2013, decided on 4.3.2014 and
accordingly, the Hon'ble National Commission held as under:-