M/S NANDAN BIOMATRIX LTD. versus S.AMBIKA DEVI & ORS.

M/S NANDAN BIOMATRIX LTD. versus S.AMBIKA DEVI & ORS.

The buyback clause in the tripartite agreement did not convert the farmer's activity into a resale or a commercial purpose that would exclude her from the definition of "consumer" under Section 2(d); the respondent was a small landholder cultivating musli as self-employment to earn a livelihood and therefore is a "consumer," making the consumer complaint maintainable.

Parties
Appellant: M/S Nandan Biomatrix Ltd.; Respondent: S. Ambika Devi & Ors.
Jurisdiction
India
Judgment Date
06 March 2020
Procedural Posture
Civil Appeal / Appeal From Order of the National Consumer Disputes Redressal Commission (order Dated 15.04.2009)
Outcome
Appeals dismissed
Legal Topics
Definition of Consumer, Commercial Purpose, Buyback Agreement, Resale, Maintainability of Consumer Complaint
Consumer Protection Agriculture Definition of Consumer Commercial Purpose Buyback Agreement Resale Maintainability of Consumer Complaint

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Parties

M/S Nandan Biomatrix Ltd.

Appellant

S. Ambika Devi & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of the National Consumer Disputes Redressal Commission (order Dated 15.04.2009)

Legal Issues

  1. 1 Whether the respondent is a "consumer" under Section 2(d) of the Consumer Protection Act, 1986
  2. 2 Whether a buyback agreement amounts to "resale" excluding the farmer from definition of consumer
  3. 3 Whether the cultivation and sale of musli by the respondent was for a "commercial purpose" and not for earning livelihood

Ratio Decidendi

The buyback clause in the tripartite agreement did not convert the farmer's activity into a resale or a commercial purpose that would exclude her from the definition of "consumer" under Section 2(d); the respondent was a small landholder cultivating musli as self-employment to earn a livelihood and therefore is a "consumer," making the consumer complaint maintainable.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • The concerned District Forum shall hear and decide the complaints within three months from the date of receipt of this judgment