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Law Aspire (Legal)     02 September 2016

Consumer or not

A person is running a business of Hire a Cab.  This he doing exclusively for earning his livelihood. He purchased certain cars from a certain Car Company. He found defects in a particular car. Now he wants to file a case against the car company. In the above situation is he a consumer as defined under Consumer Protection Act?

Can he file suit as a consumer under Consumer Protection Act ?

 



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 7 Replies

Suri.Sravan Kumar (senior)     02 September 2016

Before answering your qry pl clarify certain cars in the sence how many? Did he purchase the car with his own money or through loan? If through loan the monthly EMi's he is paying.

All these has to be considered before coming to a conclusion.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     02 September 2016

Techincally speaking, he is a falling within the defintiion of a consumer. What matters is his relationship with the person he purchsed it from and not the actual intent behind the purchase. But mind you most consumer courts are inhibited from issuing notice in such cases.

Why doesnt he opt to go before a civil court ? The proceedings shall be much more effective.

Augustine Chatterjee

Advocate & Solicitor at Law

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Advocate Bhartesh goyal (advocate)     03 September 2016

Purchasing certain cars for business denotes that person has purchased the same for a large scale business and not for livelihood so the case of that person doesn't come under the purview of Consumer protection Act.

Nitish Banka (lawyer)     03 September 2016

The purchase of cars is for commercial usage, therefore outside the ambit of consumer protection.

Regards,

Nitish Banka

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N.K.Assumi (Advocate)     04 September 2016

Agree with the experts as not consumer.

Law Aspire (Legal)     05 September 2016

Thanks to all for your view.

I am adding some points and clarification on the query posted:

He is doing business of giving cars on rent .

This is the only business he is doing.

His earnings are based on that business .

He is the owner of all that cars (Self purchased and not taken on Loan)

Suri.Sravan Kumar (senior)     05 September 2016

I am afraid he is not


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