Niyam v2 is live — start for just ₹100 — 200 credits to try

october 1999

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.

KALPAVRUKSHA CHARITABLE TRUST vs TOSHNIWAL BROTHERS (BOMBAY) PVT.LTD.&ANR · Niyam