INTERFREIGHT SERVICES PRIVATE LTD Vs. USHA INTERNATIONAL

JUDGEMENT

(1.) NOTWITHSTANDING the persuasive arguments advanced before us by Mr. C. Jose, learned Advocate appearing for the Appellant we are unable to accept his contention that the purchase of the fans by the Appellant herein for installation in his commercial office cannot be regarded as a purchase effected for a commercial purpose because there was no direct nexus between the use of the fans in the office and the commercial activity carried on by the Appellant. The distinction that was sought to be drawn by the Appellant's Counsel between commercial "use" and commercial "purpose" does not appeal to us as valid and tenable having regard to the purpose and intentment of the Consumer Protection Act. It appears to us to be perfectly clear that the intention of Parliament in excluding persons purchasing goods for commercial purposes from the definition of the expression "consumer" is to impose a restriction that the special remedy before the Consumer Forums can be invoked only by ordinary consumers purchasing goods for their private and personal use and consumption and not by business organisations buying goods for commercial purposes. We are accordingly in agreement with the view taken by the State Commission that the purchase of fans effected in the present case by the present Appellant herein was for a commercial purpose and the Appellant herein is not entitled to invoke the remedies provided by the Consumer Protection Act.

(2.) THE State Commission has also gone into the merits of the case and found that there was as a matter of fact no defect in the fans supplied to the Appellant by the Respondent No.1. Notwithstanding the challenge raised against the said finding by the learned Counsel for the Appellant we are unable to see any error whatever in the appreciation of evidence made by the State Commission nor in the reasoning given by the State Commission in support of the aforesaid finding recorded by it. We accordingly confirm the findings of the State Commission and dismiss this appeal. There will be no order as to costs.