D.K.JAIN, V.K.JAIN, B.C.GUPTA
CROMPTON GREAVES LTD. – Appellant
Versus
DAIMLER CHRYSLER INDIA PRIVATE LTD. – Respondent
ORDER
V.K. Jain, Member—Noticing an apparent conflict in the decisions rendered by this Commission in Controls and Switchgear Company Ltd. v. Daimler Chrysler India Pvt. Ltd. and T and T Motors Ltd. IV (2007) CPJ 1 (NC) and General Motors Pvt. Ltd. v. G.S. Fertilizers Pvt. Ltd. [First Appeal No. 723 of 2006] decided on 07.02.2013, both rendered by Benches comprising two Members, the following issue was referred to this larger Bench, for decision:-
Whether the purchase of a car or any other goods by a company for the use/personal use of its Director amounts to purchase for a commercial purpose, within the meaning of Section 2(1)(d) of the Consumer Protection Act, or not.
2. In Controls and Switchgear Company Ltd. (supra), a complaint alleging defects in two Mercedes Benz, cars purchased by the complainant company for the use of its directors, was filed before this Commission. The complaint was resisted inter-alia on the ground that the cars were purchased for a commercial purpose. Rejecting the contention, this Commission inter-alia held as under:
In our view, there is no substance in the aforesaid contention, because:
Company is a legal entity and is entitled to file complaint;
The cars
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