Consumer Protection Act, 1986, Section 2(1)(d)(i) -- Consumer - Commercial purpose - Complaint maintainability - Contract for developing software system and to provide various modules for performance and to provide one year warranty - Defect in the modules during the warranty period and when called upon to remove the defect the same was not removed - The software in..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- (Prior to Amendment Act, 2002) - Consumer - Commercial purpose - Complaint maintainability - The complaint noted defects in the modules as also shortcomings in OP's services during the warranty period in the year 2000 - The grievance of the complainant that the services during the warranty period not provided and..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- (As amended by Amendment Act, 2002) - Consumer - Commercial purpose - Complaint maintainability - WTG purchased by complainant for commercial purpose - Deficiency in service during the warranty period - It does not bring the complaint within the ambit of consumer and as such the complaint held not maintainable...........
Consumer Protection Act, 1986, Section 2(1)(d)(i) -- (As amended by Amendment Act, 2002) - Consumer - Commercial purpose - Complaint maintainability - Contract for developing software system and to provide various modules for performance and to provide one year warranty - Defect in the modules during the warranty period and when called upon to remove the defect the same..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Insurance claim - Non - payment - Plea that goods in question sent for commercial purposes and services were availed for commercial purposes and the policy in question was for commercial purposes, therefore, complainant not a consumer repelled - Dispute pertains to deficiency in service on..........
Consumer Protection Act, 1986, Section 2(d) -- Consumer - Meaning - A person who hires or avails of any services for a consideration, is a consumer - The following category of service-availors will not be consumers: (i) persons who avail any service for any commercial purpose; (ii) persons who avail any free service; and (iii) persons who avail any service under any..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Truck bought in auction purchase by appellant for a consideration to be used exclusively by him for the purpose of earning his livelihood by means of self employment - There is nothing on record to show that he wanted to use the truck for any commercial purpose - Even if he was to employ a driver for running the..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Commercial activity - Distinction - If any professional engaged in the business or profession purchases any goods for his own use or for earning his livelihood such purchase of goods does not fall within the ambit of commercial purpose - Commercial activity is one when a person purchases..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Car purchased by the complainant firm and not by an individual - No averment in the complaint that it was purchased by the firm for the personal use of a partner - Since it had been purchased by the firm for use in the firm, it shall be presumed that it was purchased in furtherance of..........
Consumer Protection Act, 1986 -- Consumer - Commercial purpose - Purchase of shop in the commercial complex - Plea that complainant not consumer since the shop he paid for was meant for 'commercial purpose' - In 1998 when the cause of action arose the hiring or availing of any service(s) on payment by a person for even a commercial purpose did not disqualify that person..........
