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A.L.BAHRI, RAM LAL GUPTA, GURKANWAL KAUR
NEW BHANDARI HOSPITAL – Appellant
Versus
LOGICSTAT INTERNATIONAL PRIVATE LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. Updeep Singh, Advocate.
For the Respondent:Mr. H.P.S. Aulakh, Advocate.

ORDER

Mr. Justice A.L. Bahri, President—In the case of sale of goods, the complainant will not be a consumer if the same were purchased for commercial activity. However, if there is guarantee or warranty in respect of such goods for a particular period or maintenance of the goods supplied, it will not be a simple case of sale of goods but would also include element of rendering service for consideration. That being the position, the factum of commercial activity will not be relevant to hold that the complainant is not a consumer. The District Forum dismissed the complaint filed by M/s. New Bhandari Hospital (Regd.) vide order dated September 19, 1996 holding that the complainant was not a consumer as defined in respect of purchase of high voltage transformers as supplied by the Opposite Party, M/s. Logicstat International Pvt. Ltd., New Delhi as the complainant was running the Hospital for commercial purpose and it will not be a case of use of the machinery for self employment. The complainant purchased six Servo Controlled Voltage Stabilizers of different capacities vide Invoice No. 1074 dated March 31, 1994 for a sum of Rs. 153004.50. The goods were delivered at Amritsar as receiv







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