Supreme Court of India · 1999-10-12
KALPAVRUKSHA CHARITABLE TRUST vs TOSHNIWAL BROTHERS (BOMBAY) PVT.LTD.&ANR
- Citation / case number
- SC 1995/64067
- Court
- Supreme Court of India
- Petitioner
- KALPAVRUKSHA CHARITABLE TRUST
- Respondent
- TOSHNIWAL BROTHERS (BOMBAY) PVT.LTD.&ANR
- Author
- SAGHIR AHMAD
- Bench
- R.P.SETHI S.SAGHIR AHMAD
Judgment text excerpt
The Supreme Court held that under the Consumer Protection Act, 1986, the definition of 'consumer' excludes those who purchase goods for commercial purposes. Citing Laxmi Engineering Works vs. P.S.G. Industrial Institute (1995) 3 SCC 583, the Court reaffirmed that whether a purchase is for commercial purposes is a question of fact. The appellant's claim was denied as the machinery was deemed purchased for commercial use, thus not qualifying as a 'consumer'. The appeal was dismissed.