Sri Shyamal Gupta, Member

Present Appeal emanates out of the Order dated 11-03-2014 passed by the Ld. District Forum, Kolkata-II (Central) in C.C. No. 57/2013.

Complainant’s case, in a nutshell, is that it placed an order with the OP for the purpose of installation of an Elevator at his branch office on 02-06-2011.  After installation of the Elevator, during trial run itself, several problems were detected with the said Elevator.  The Complainant lodged a written complaint on 11-05-2012.  However, instead of rectifying the defects, the OP proposed to implement new technology at a cost of Rs. 1,35,000/- to get rid of the various problems faced by the Complainant.  However, such proposal being not acceptable to the Complainant, it asked the OP to either rectify the defects of the Elevator or refund the advance money paid by the Complainant to the OP.  As no fruitful outcome emerged out of the severe perseverance of the matter with the OP, the complaint was filed.

By filing a WV, the OP firstly disputed the status of the Complainant being a ‘consumer’.  Further the OP denied all the material allegations of the complaint petition.

Decision with reasons

Heard the Ld. Advocates and perused the material on record, including the citations referred to by both sides.

It is argued by the Ld. Advocate of the Appellant that the Respondent being a ‘Limited’ Company cannot be treated as a ‘consumer’.  It is further submitted by him that the lift was used for commercial purpose and for this reason also the present dispute is not adjudicable in its present form and prayer before the Consumer Fora.

The Consumer Protection Act, 1986 does not define the term ‘commercial purpose’.  So, interpretation of the term has been left open to the Consumer Fora by the Legislators.

“Commercial Purpose” is a very broad term that includes all purposes that results in a financial benefit, or might result in a future financial benefit. According to the meaning given in standard dictionaries, the expression commercial means connected with, or engaged in commerce; mercantile; having profit as the main aim.

In Laxmi Engineering Works Vs. PSG Industrial Institute (1995) 3 SCC 583 the Hon’ble Apex Court considered the dictionary meaning of the word commerce and explained what is meant by commercial purpose by giving illustrations. Relevant paragraph is as under:

“The National Commission appears to have been taking a consistent view that where a person purchases goods with a view to using such goods for carrying on any activity on a large scale for the purpose of earning profit he will not be a consumer within the meaning of Section 2(d)(i) of the Act. Broadly affirming the said view and more particularly with a view to obviate any confusion the expression large scale is not a very precise expression Parliament stepped in and added the explanation to Section 2(d)(i) by Ordinance/Amendment Act, 1993. The explanation excludes certain purposes from the purview of the expression commercial purpose a case of exception to an exception. Let us elaborate: a person who buys a typewriter or