Trilok purchased a tractor from Jahanvi Limited for tilling the land but he used it during idle time for transportation of agricultural produce on hire. Some defects were developed in the engine of the tractor. He compla
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2023
Trilok purchased a tractor from Jahanvi Limited for tilling the land but he used it during idle time for transportation of agricultural produce on hire. Some defects were developed in the engine of the tractor. He complained to Jahanvi Limited, but all in vain. Then he filed a suit in Consumer Dispute Redressal Forum for damages caused by the defects. Jahanvi Limited pleaded that Trilok is not a 'consumer' within the definition of section 2(i) (d) of the Consumer Protection Act, 1986, as he is using the tractor for commercial purposes. Whether Trilok will succeed in his case ? Refer to relevant provision of Law in support of your answer with reference to case laws, if any ?
Answer & Explanation:
According to Section 2(7) of the Consumer Protection Act, 2019 , consumer means any person who buys any goods for a consideration and includes any user of such goods with the approval of the purchaser, but does not include a person who obtains such goods for resale or for any commercial purpose. It may be noted that "commercial purpose" does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment. Further, in the case of Bhupendra Jang Bahadur Gurna Vs. the Regional Manager & Others (II 1995 CPJ 139) , the National Commission held that a tractor purchased primarily to till the land of the purchaser and let out on hire during the idle time to till the lands of others would not amount to Commercial use. In the light of the above provisions of the Consumer Protection Act, 2019 and decided case law, Trilok, will succeed in his own case. He is still a consumer within the definition of the Consumer Protection Act, 2019.
Topics: Consumer Protection Act, 2019
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