M/S CHEEMA ENGINEERING SERVICES versus RAJAN SINGH

M/S CHEEMA ENGINEERING SERVICES versus RAJAN SINGH

Matter requires evidence to determine whether the machine was used exclusively by respondent and his family for earning livelihood by self-employment; tribunals erred in concluding without evidence and burden lies on the respondent.

Parties
Appellant: Cheema Engineering Services; Respondent: Rajan Singh
Jurisdiction
India
Judgment Date
01 November 1996
Procedural Posture
Civil Appeal / Appeal From National Consumers Disputes Redressal Commission Order
Outcome
appeal allowed
Legal Topics
Definition of Consumer, Commercial Purpose, Self Employment
Consumer Protection Definition of Consumer Commercial Purpose Self Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Cheema Engineering Services

Appellant

Rajan Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From National Consumers Disputes Redressal Commission Order

Legal Issues

  1. 1 Whether purchase of machine for preparation of bricks constitutes a commercial purpose or is for self-employment within the meaning of Explanation to Section 2(1)(d) of the Consumer Protection Act, 1986.

Ratio Decidendi

Matter requires evidence to determine whether the machine was used exclusively by respondent and his family for earning livelihood by self-employment; tribunals erred in concluding without evidence and burden lies on the respondent.

Court Disposition

appeal allowed

Orders

  • Orders of all Tribunals set aside
  • Matter remitted to District Forum to record evidence and dispose in accordance with law within six months of receipt of order