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D.K.JAIN, V.K.JAIN, B.C.GUPTA
CROMPTON GREAVES LTD. – Appellant
Versus
DAIMLER CHRYSLER INDIA PRIVATE LTD. – Respondent


Advocates Appeared:
Mr. Amir Singh Pasrich, Mr. Sanjay Bajaj, Mr. Kalyan Arambam, Mr. Kaustubh Seth and Ms. Priyanka Raj, Advocates, for the Appellant; Mr. M.S. Pandit and Mr. Harish Sandhu, Advocates, for the 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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