Reply experts
Asha
(Querist) 24 December 2011
This query is : Resolved
Can a Pvt. Ltd. company approach a consumer court for any dispute with its Vendor?
M.Sheik Mohammed Ali
(Expert) 24 December 2011
yes, if the company buy any service or maintenance related dispute can go for consumer forum.
Shailesh Kumar Shah
(Expert) 24 December 2011
may be or not be. Depends upon facts of the case.
M.Sheik Mohammed Ali
(Expert) 24 December 2011
as per company law a firm create it will come individuality personality, so can file
Shailesh Kumar Shah
(Expert) 24 December 2011
@Mr. Sheik
can you elaborate your Subsequent reply in this thread, I completely unable to understand your point.
Thanks
with Regards,
Deepak Nair
(Expert) 24 December 2011
Dear Mr. Shailesh,
As per my understanding, Mr.Sheik wanted to say that:-
A company is a seperate legal entity and it is a person in the eyes of law. Therefore, a company have every right to file a consumer complaint in the appropriate consumer forum.
Deepak Nair
(Expert) 24 December 2011
Dear Asha,
Not only an individual, but also a company, a partnership firm, joint venture, a c0-0p seociety etc are eligible to file a consumer complaint againt any deficiency in service or unfair trade practice, provided it proves that it is a consumer as defined in Sec.2 (d)(i) of the Consumer Protection Act. Which means, the company should prove that it has availed goods/services from the other party paying consideration for the same.
Deepak Nair
(Expert) 24 December 2011
@ Mr. Sheik,
Hope my clarification to your reply is correct. Please reply
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 December 2011
d) "consumer" means any person -
but does not include a person who obtains such goods for resale or for any commercial purpose;
Shailesh Kumar Shah
(Expert) 24 December 2011
@Dear Mr.Deepak,
I very well known about which you explained. but statement of Mr.Sheik is unable to digest.
He said "firm" "individual"??
Ok!! Thanks for clarification.
Guest
(Expert) 24 December 2011
Certainly, if deficiency in services are noticed on the part of the vendor, as against that was assured by him.
M.Sheik Mohammed Ali
(Expert) 24 December 2011
thanks for your explanation Mr.Deepak Nair,
Mr.shah, my query reply means, exactly given by Mr.Deepak.
N.K.Assumi
(Expert) 24 December 2011
Yes, Consumer means any person and any person include: a firm whether registered or not: a Hindu Undivided family:a Co-Operative Society:Every other Association of person whether registered under the Society Registration Act, 1860 or not; but does not include a person who obtains such goods for resale or for any commercial purpose as pointed out by JSDN-advocate defense.
Deepak Nair
(Expert) 24 December 2011
Dear JSDN,
thanks for further clarification
Advocate. Arunagiri
(Expert) 24 December 2011
If the company had bought the goods for its own use, (not for resale), in case of deficiency of services, the company can go to consumer forum.
Asha
(Querist) 24 December 2011
Thanks Experts, your argument is very logical.
While I was searching on web, I came across this point in this link http://www.corecentre.co.in/Database/Docs/DocFiles/faq4.htm
Q) Can I Approach The Consumer Courts If I bought the Goods or Services for Commercial Purposes?
A) No, the Consumer Courts are only meant for the ordinary consumers who have bought goods & services for their own use or needs. Those who buy the goods/services for commercial purposes or resale purposes are excluded from the act. This forum is not meant for businesses ,firms and Industries but for the common man/consumer looking for quick & effective justice.
V R SHROFF
(Expert) 24 December 2011
If Goods, or machinery are purchased for his self Employment, such Commercial activity is covered under Consumer Pro Act.
It include sewing m/c for tailors, or pc. type writer for Steno, etc.
Firms and Company cannot claim to be consumer.
Guest
(Expert) 24 December 2011
nothing to add the experts have fully explained the answer.
prabhakar singh
(Expert) 25 December 2011
I find precise gist full answer of Mr.Arunagiri as legally correct one.
How ever the query is so worded that"Can a Pvt. Ltd. company approach a consumer court for any dispute with its Vendor?"
Then MY ANSWER to this specially worded query is"NO! a Pvt. Ltd. company CAN NOT approach a consumer court FOR ANY DISPUTE with its Vendor"
WE ALWAYS SAY NO REPLY TO AN ACADEMIC QUERY
YET WE ALLOWED US TO BE TRAPPED BY SUCH QUERIES.
Dr J C Vashista
(Expert) 26 December 2011
I donot agree with the view of Mr. Prabhakar Singh if the Pvt. Ltd. company buying goods and/services which are FOR CONSUMPTION AND "NOT FOR COMMERCIAL PURPOSE", however, there is a proviso where it is for self Employment
prabhakar singh
(Expert) 26 December 2011
DEAR!Dr Maj J C Vashista, #98911529 AGREEING WITH SOME ONE IS NOT NECESSITY.
BUT INFERENCE DRAWN BY YOU WITH RESPECT TO MY REPLY IS HASTY BECAUSE I HAVE NOT SAID THAT A COMPANY CAN NOT FILE CONSUMER COMPLAINT AT ALL.HAD IT BEEN MY VIEW I MIGHT HAVE DECLINED TO AGREE WITH MR. Arunagiri INSTEAD OF AGREEING WITH HIM.MY ANSWER IS CONFINED TO VERY SPECIFICALLY WORDED QUERY,OTHERWISE I KNOW CASES DECIDED IN FAVOR OF CO.AS CONSUMER.IF A COMPANY BUYS A MACHINE TO PRODUCE SOME THING AND PRODUCT IS FOUND DEFECTIVE IT SHALL BE CALLED CONSUMER AND COMPLAINT SHALL LIE,AND THERE CAN BE SEVERAL ILLUSTRATIONS OF THE KIND.I KNOW THE CRUX THAT GOODS BOUGHT MUST NOT BE FOR RESALE BUT FOR USE IS THE CRITERIA TO PROB JURISDICTION IN THIS REGARD.
ajay sethi
(Expert) 26 December 2011
A corporate body registered under the Companies Act, 1956, is also a 'consumer' and therefore 'complainant' under the Consumer Protection Act, 1986. In Shri Laxmi Cotton Traders Ltd. v. Central Warehousing Corporation and others, (III (1996) CPJ 22 (NC)) while deciding the complaint filed by the complainant-company, the National Commission, rejecting the preliminary objections that the petitioner was not a 'consumer', held, that "a person within the scope of Consumer Protection Act shall include a Company. A consumer under the Act is not necessarily an individual or a natural person, but also a company or partnership by virtue of the definition contained in the General Clauses Act, as also Section 2 (1) (m)."
Vijyant Nigam (09807349001)
(Expert) 27 December 2011
Yes, if a company had bought any goods or services for its own use and not for any commercial purposes, then it can file a complaint against the vendor of that product or service for any deficiency in it...
details can be discussed through tc.
regards
vijyant
FOR:
Streak Legal Services
Devajyoti Barman
(Expert) 28 December 2011
Company can definitely file consumer complaint but the criteria is the cause of action should not arise from commercial purposes.
RAJU O.F.,
(Expert) 30 December 2011
The company can approach Consumer Court for deficiency of service of vendor.
SANJEEB PADHI
(Expert) 04 March 2012
A corporate body registered under the Companies Act, 1956, is also a 'consumer' and therefore 'complainant' under the Consumer Protection Act, 1986. In Shri Laxmi Cotton Traders Ltd. v. Central Warehousing Corporation and others, (III (1996) CPJ 22 (NC)) while deciding the complaint filed by the complainant-company, the National Commission, rejecting the preliminary objections that the petitioner was not a 'consumer', held, that "a person within the scope of Consumer Protection Act shall include a Company. A consumer under the Act is not necessarily an individual or a natural person, but also a company or partnership by virtue of the definition contained in the General Clauses Act, as also Section 2 (1) (m)."
