whether consumer or not???
Advocate.Amol Choubal
(Querist) 12 December 2015
This query is : Resolved
Sir my query is whether commercial premises purchased from builder for earning his livehood .plz tell the buyer is an consumer under consumer protection act 1986
P. Venu
(Expert) 13 December 2015
Answer depends upon the scale and magnitude of the business activity and the related facts and circumstances.
Rajendra K Goyal
(Expert) 13 December 2015
Purchases for commercial purposes are not covered under consumer definition.
Kumar Doab
(Expert) 13 December 2015
Agreed with Mr.Goyal, Mr.Venu.
You may prefer to discuss in detail with a counsel specializing in consumer matters.
Devajyoti Barman
(Expert) 14 December 2015
If he rents the premises for commercial purposes then he will not come under the purview of the Act.
Advocate/CS Sanjeev Kataria
(Expert) 14 December 2015
Premises purchased to earn livelihood, then he is consumer. Business activity is for livelihood or not, depends upon the magnitude/turn over of the business,
dev kapoor
(Expert) 14 December 2015
Hi'
'goods purchased for commercial purposes & services so hired' are excluded from the definition of a 'consumer'.But if it is for 'earning livelihood' it brings one within the definition of a 'consumer'.Nevertheless if you can prove that it is for earning livelihood,you can get expected relief.
Now,these few examples can help you understand-
(a) A purchased 3 flats in a town & filed consumer complaint in a Consumer Forum.It was held purchase was for commercial purpose & it cannot be held for 'earning livelihood';
(b) A purchased Autoriksha but engaged a driver.....for some reasons(defects) he filed a consumer complaint pleading that he purchased AR for earning livelihood.CF held in his favour;
(c) A purchased three ARs & engaged drivers bit in a case before CF pleaded it was for earning livelihood.CF held "NOT" a consumer;
(d) A purchases a flat out of his small savings and Bank Loan & put it on "RENT".If he can prove no source of income by other means and renting his Flat for earning livelihood....He will be a consumer.
HOWEVER_
YOUR QUESTION IS "PURELY" ACADEMIC......AND OUGHT NOT BE DEALT WITH IN THIS FORUM LIKE SCORES OF OTHERS.
dev kapoor
(Expert) 14 December 2015
In any case following Apex Court Judgment is fundamental in this regard:
Laxmi Engineering Works v. P.S.G. Industrial Institute [1995 (3) SCC 583]
This judgment is available in almost all law journal and till date holds good.
Dr J C Vashista
(Expert) 16 December 2015
"Livelihood" is a vast term which is required to be interpretted suiting to your requirement. In case it is a small shop and really needed for earning livelihood, it is covered.
K.S.Srinivas
(Expert) 16 December 2015
A man purchasing a commercial premises for earning his livelihood,(as the rent from that flat is her only ‘monetary asset’ – and he has no other source of livelihood) is a consumer within the meaning of this Act of 1986. It is used for commercial purpose, then he is not a consumer.
dev kapoor
(Expert) 16 December 2015
Hi all
A person purchases a shop & runs business in it for earning his livelihood-HE IS A CONSUMER !
SC(supra)
Kumar Doab
(Expert) 16 December 2015
It is a thread with good discussion.
Thanks to all expert!
Hope the author has picked up relevant points..............and is satisfied.
T. Kalaiselvan, Advocate
(Expert) 23 December 2015
I agree to the views and observation of expert Mr. Dev Kapoor, if the buyer satisfies the condition prescribed in the supreme court judgement, he can be considered as a consumer.
