EQUIPMENT PURCHASED BY COMPANIES - CONSUMER PROTECTION ACT?
Rashmi Mishra
(Querist) 23 April 2010
This query is : Resolved
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.. ?
Suryanarayana Tangirala
(Expert) 24 April 2010
It is out side the purview of C.P.Act u cannot seek a remedy company has to file a civil suit
Arvind Singh Chauhan
(Expert) 24 April 2010
Uttaranchal State commission held in Dhananjay Pandey V/S Commercial Moters on 9.10.2003 that, where the vehicle which was bought for commercial purpose and is under the warranty, matter comes within the jurisdiction of consumer forum.
In this judgment commission referred the following citation-
Mesors J K Puri Enterprises Versus Mesors Mohan Beveries and distilleries limited. C.P.R-1996(1)page 102. in which it was held-
"Even where the goods were purchased for commercial purpose, if there is a warranty for it's maintenance, the purchaser becomes consumer in respect of the service rendered or to be rendered by the manufacturer or supplier during the warranty period"
Mesors M trucks ab ency Ltd Versus Alfa Radio-C.P.R.-1996(2)-page-171- In which held-
" Where the allegation of the complainant was the there was malfunctioning of machinery during period of warranty when manufacturer has undertaken to keep machinery in good working condition, even if sold for commercial purpose, the purchaser will certainly be a consumer in respect of service rendered or to be rendered proper functioning of machinery during period of warranty."
