BHUPINDER NAGPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was the complainant before the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter referred to as the District Forum ). The appellant applied for allotment of Booth Site for carrying his business of advertising agency, which is the only exclusive source of livelihood to the appellant. By means of self-employment of the appellant and he has no other source of employment or income.

(2.) The District Forum has dismissed the complaint on the ground that the appellant/complainant was not a consumer under Sec.2 (1) (d) of the Consumer Protection Act, 1986 (for short hereinafter referred to as the C. P. Act) inasmuch as he was engaged in commercial activity. The explanation appended to Sec.2 (1) (d) clearly lays down as under: "explanation-For the purpose of this clause, "commercial purpose" does not include use by a person of goods bought and used by him and services availed by him exclusively for the purpose of earning his livelihood by means of self employment. "

(3.) There is no material on record to show that the appellant was engaged in any other business other than the business of running of advertising agency. In the case of Laxmi Engineering Works V/s. P. S. G. Industrial Institute, 1995 2 CPJ 15, the Hon'ble Supreme Court held that even if such a complainant while engaging himself in running the business employs apart from himself one or two employees, still he would be covered under the explanation appended to Sec.2 (1) (d) of the C. P. Act. The Hon'ble National Consumer Disputes Redressal Commission, New Delhi (for short hereinafter referred to as the National Commission) had the occasion to consider this aspect in the light of the judgment of the Hon'ble Supreme Court, in the case of M/s. Sakthi Engineering Works and Another V/s. M/s. Sri Krishna Coir Rope Industry rep. by Prop. P. Krishna Iyer, 2000 3 CPJ 13 and it was held inter alia as under: "the effect of this explanation is that even though a person who purchases goods for commercial purpose will not be a consumer within the meaning of the Act yet he will be treated as a consumer if the goods bought by him are used by him exclusively for the purpose of his earning livelihood by means of self-employment. The important words used in this explanation are "used by him exclusively", i. e. , for the purpose of earning his livelihood and 'by means of self-employment'. . . . . "