RADIANT CABLES LIMITED Vs. HINDUSTAN COPPER LIMITED

JUDGEMENT

(1.) Complainant is not present and there is no representation on its behalf. We heard the learned Counsel for the opposite parties Mr. Mohan Rao. He submits that the complainant purchased copper wire rods/bars from the 1st opposite party i.e., Hindustan Copper Limited, for a commercial purpose, namely, manufacturing of copper wires and that, therefore, it des not fall within the definition of consumer under Section 2(1)(d) of the Consumer Protection Act, 1986 ( the Act for short). He relies on the decision of the Supreme Court in Laxmi Engineering Works v. P.S.G. Industrial Institute, II (1995) CPJ 1 (SC)=1995 (2) CPR 11 (SC). The Supreme Court observed in that case that the expression commercial purpose was not defined in the Act and that in the absence of a definition the ordinary meaning has to be applied. The Supreme Court referred to the various dictionary meanings and held as follows : 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 - the Parliament stepped in and added the Explanation to Section 2(d)(i) by Ordinance/Amendment Act, 1993...... The explanation reduces the question, what is a commercial purpose , to a question of fact to be decided in the facts of each case. It is not the value of the goods that matters but the purposes to which the goods brought are put to.  In Synco Textiles Private Limited v. Greaves Cotton and Co. Ltd., I (1991) CPJ 499 (NC)=1991 (1) CPR 615 (NC), the majority of the National Commission held as follows :

(2.) In the light of these decisions we have to hold that the complainant des not fall within the definition of consumer and, therefore, this C.D. has to be dismissed and is accordingly dismissed. No costs. Complaint dismissed.