Consumer Protection Act, 1986: ss. 2(1)(d), 2(1)(d)(i),
2(1)(d)(ii) – Appellant was a stock-broker by profession – He was
also acting as stock broker for respondent bank – Appellant took
overdraft facility from respondent-bank and also sought
enhancement of the same from time to time in furtherance of his
business as stock broker and for enhancing profit – Whether the
appellant had availed the services of the respondent for ‘commercial
purpose’ and therefore he was not a consumer as envisaged under
s.2(1)(d) of the Act – Held: Ordinarily, “commercial purpose” is
understood to include manufacturing /industrial activity or
business-to-business transactions between commercial entities and
that the purchase of the good or service should have a close and
direct nexus with a profit-generating activity – What is relevant is
the dominant intention or dominant purpose for the transaction and
as to whether the same was to facilitate some kind of profit
generation for the purchaser and/or their beneficiary – The relations
between the appellant and the respondent was purely “business to
business” relationship – The transactions would clearly come within
the ambit of ‘commercial purpose’ – Therefore, it cannot be said
that the services were availed exclusively for the purposes of
earning his livelihood by means of self-employment – Appellant was
not consumer under s.2(1)(d) of the Act.
Consumer Protection (Amendment) Act, 1993: Object of the
Amendment Act – Held: To enable the consumers, who are selfemployed, to file complaints before the redressal agencies, where
goods bought by them exclusively for earning their livelihood, suffer
from any defect – By the 1993 Amendment Act, insofar as services
are concerned, wherever the word “hires” was used, the same was
substituted by the word “hires or avails of” – By the 1993 Amendment
Act, insofar as s. 2(1)(d)(i) is concerned, an Explanation was provided to the effect that ‘commercial purpose’ does not include
use by a consumer of goods bought and used by him exclusively for
the purpose of earning his livelihood by means of self-employment.