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1995 Supreme(SC) 502

B.P.JEEVAN REDDY, SUJATA V.MANOHAR
Laxmi Engineering Works – Appellant
Versus
P. S. G. Industrial Institute – Respondent


Advocates:
D.M.Nargolkar, JOSEPH VELLAPALLY, S.ARVIND, V.BALACHANDRAN, V.N.GANPULE

JUDGMENT

B. P. JEEVAN REDDY, J. :—Leave granted.

2. The definition of the expression "consumer" in clause (d) of Section 2 of the Consumer Protection Act, 1986 excludes from its purview "a person who obtains such goods for resale or for any commercial purpose". The question that arises in this appeal is what is the meaning and ambit of the expression "any commercial purpose" in the said definition. By Ordinance 24 of 1993 (which has since been replaced by Amendment Act 50 of 1993) an explanation has been added to the definition of the expression "consumer" with effect from 18-6-1993. The explanation reads : "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". The complaint herein was, however, made before the adding of the said explanation. It would be appropriate to read to definition at this stage.

"(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
















































































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