BIRLA TECHNOLOGIES LTD. versus NEUTRAL GLASS AND ALLIED INDUSTRIES LTD.

BIRLA TECHNOLOGIES LTD. versus NEUTRAL GLASS AND ALLIED INDUSTRIES LTD.

The complaint was not maintainable as goods and services were purchased and availed exclusively for commercial purposes; respondent was excluded from being a 'consumer' under Section 2(1)(d) of Consumer Protection Act, 1986, as amended, since complaint was filed after amendment date.

Parties
Appellant: Birla Technologies Ltd.; Respondent: Neutral Glass and Allied Industries Ltd.
Jurisdiction
India
Judgment Date
15 December 2010
Procedural Posture
Civil Appeal / Final Supreme Court Appeal
Outcome
appeal allowed
Legal Topics
Consumer Definition, Maintainability of Complaint, Deficiency in Services, Commercial Purpose Exclusion
Consumer Protection Consumer Definition Maintainability of Complaint Deficiency in Services Commercial Purpose Exclusion

Case Brief

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Parties

Birla Technologies Ltd.

Appellant

Neutral Glass and Allied Industries Ltd.

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Appeal

Legal Issues

  1. 1 Whether the respondent was a 'consumer' under Section 2(1)(d) of the Consumer Protection Act, 1986 after the 2002 amendment
  2. 2 Whether the complaint regarding deficiency in services was maintainable before the consumer forum

Ratio Decidendi

The complaint was not maintainable as goods and services were purchased and availed exclusively for commercial purposes; respondent was excluded from being a 'consumer' under Section 2(1)(d) of Consumer Protection Act, 1986, as amended, since complaint was filed after amendment date.

Court Disposition

appeal allowed

Orders

  • Order of National Commission set aside
  • Complaint dismissed