Applicability of consumer protection act

This query is : Resolved

Law Aspire (Querist)
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30 August 2016 A person is running a business of Hire Cab. This he doing exclusively for earning his livelihood.
He purchased certain cars from a certain Car Company. He found defects in a particular car.
Now he wants to file a case against the car company.
In the above situation is he a consumer as defined under Consumer Protection Act?
Can he file suit as a consumer under Consumer Protection Act ?

Karthigeyan

Karthigeyan (Expert)
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30 August 2016 As per Consumer Protection Act, Any person who buys any goods for a consideration which has been paid or will be paid or hires or avails any service for a consideration which has been paid or will be paid. It does not include a person who avails of such services of any commercial purpose. Here the expression" 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.
Hence, in this case he is a consumer as per consumer protection Act. He can file a suit against the car company.