Consumer forum
Ankit Jain
(Querist) 07 March 2013
This query is : Resolved
Can a person who avail consulting services for commercial use can file a consumer case against the service provider on the basis of Lack in services
As sec. 2(1) d of C.P.Act
Consumer - does not include a person who avails such services for any commercial purposes.
A case has been filed by a person who avail consulting services for commercial use against me he want consulting fee back on the basis of Lack in services and I have to defend the case. what will be the defence any citation ?
Raj Kumar Makkad
(Expert) 07 March 2013
Ankit! The consultation remains personal and such personal advice may be used by the personal availing such advice for his commercial use but basic characteristics are that a person is availing service by making consideration so he is definitely a consumer and can thus go to consumer fora as per law.
Now your defence should be providing best advice and further that advice may not be final and knowledge has no end and there may be various procedures to attain a goal and so on depending upon the facts of the issue.
Ankit Jain
(Querist) 07 March 2013
He uses such services for increasing his business and he has mentioned it in his petition that he consulted for promoting and increasing only for his firm not for his personal use. and we served him well but he found that service inadequate and filed a case against me.
R.K Nanda
(Expert) 07 March 2013
defend ur case strongly in court.
Sankaranarayanan
(Expert) 07 March 2013
First need to clarify what kind of service provider i too agreed partly my great senior friends reply , but certain service consultancy , the evidence of proof is not easy to defend. so analysis it and come to decision
Ankit Jain
(Querist) 07 March 2013
Complainant is doing Iron business.
My client offering him for providing new orders to his firm so that profit of his firm may increasing
prabhakar singh
(Expert) 07 March 2013
S.2(1)(o)reads " service" means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, 1[ housing construction,] entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;
SO THIS SECTION SHALL NOT GET ATTRACTED ONLY WHEN CLAUSE"but does not include the rendering of any service free of charge or under a contract of personal service"FITS IN TO FACTS OF A CASE.
NOW COMING TO DEFINITION OF CONSUMER:
S.2(1)(d) " consumer" means any person who,--
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) 2[ hires or avails of] any services for a consideration which has been paid or promised or partly paid and part by promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 2[ hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person. 1[ Explanation.-- For the purposes of sub- clause (i)," commercial purpose" does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self- employment;]
FOR SERVICES IT IS 2(1)(d)(ii)WHICH IS RELEVANT.
AND THE EXPLANATION TO WHICH YOU ARE GETTING ATTRACTED IS ABOUT 2(1)(d)(i)RELATING TO PHRASE"but does not include a person who obtains such goods for resale or for any commercial purpose;"
NOTE CAREFULLY IT IS NOT ABOUT 2(1)(d)(ii).
HENCE YOU NEED TO FIND OUT A DEFENCE THROUGH PHRASE
"but does not include the rendering of any service free of charge or under a contract of personal service;"
OKAY.
Ankit Jain
(Querist) 08 March 2013
okey
Thanks for the advice I'll do so.
