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M.B.SHAH, RAJYALAKSHMI RAO
Harsolia Motors – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates:
Counsel for the parties :
For the Appellant :Mr. S.K. Sharma, with Mr. S.J. Mehta, Advocate.
For the Respondent:Mr. P.K. Seth, Advocate.

ORDER

M.B. Shah, President — The only question requiring decision in these appeals is whether insurance policy taken by commercial units could be

held to be hiring of services for commer-cial purpose and thereby excluded from the purview of the Consumer Protection Act, 1986.

2. The Gujarat State Consumer Disputes Redressal Commission arrived at the conclusion that Complainants have availed of the service of the Insu-rance Company for commercial purpose and, therefore, dismissed the complaints on the preliminary ground, as not maintainable. Hence, these appeals.

Relevant definitions of the words ‘consumer’ and ‘service’:

3. For deciding this, we would first refer to very wide definitions of words ‘consumer’ and ‘service’ under Sections 2(1)(d) and 2(1)(o) which are as under:

“Section 2(1)(d):

‘consumer' means any person who,—

(i) buys any goods for a consi-deration 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 the person who buys such goods for consi-deration paid or promised or partly paid and partly promi-sed, or under any system of deferred payment when such use is made with


































































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