LAWS(NCD)-2004-12-183

HARSOLIA MOTORS Vs. NATIONAL INSURANCE CO LTD

Decided On December 03, 2004
HARSOLIA MOTORS Appellant
V/S
NATIONAL INSURANCE CO LTD Respondents

JUDGEMENT

(1.) The only question requiring decision in these appeals is whether insurance policy taken by commercial units could be held to be hiring of services for commercial purpose and thereby excluded from the purview of the Consumer Protection Act, 1986.

(2.) The Gujarat State Consumer Disputes Redressal Commission arrived at the conclusion that Complainants have availed of the service of the Insurance Company for commercial purpose and, therefore, dismissed the complaints on the preliminary ground, as not maintainable. Hence, these appeals.

(3.) For deciding this, we would first refer to very wide definitions of words 'consumer' and 'service' under Sections 2(1)(d) and 2(1)(o) which are as under: