Can a Pvt. Ltd. company approach a consumer court for any dispute with its Vendor?
Keshava Ram Bonanthaya (Managing Director) (29 Points)
23 December 2011Can a Pvt. Ltd. company approach a consumer court for any dispute with its Vendor?
CS RAJESH C.CHOUDHARY
(ASSISTANT MANAGER)
(14607 Points)
Replied 24 December 2011
yes, if the company buy any service or maintenance related dispute can go for consumer forum.
A company is a seperate legal entity and it is a person in the eyes of law. Therefore, a company have every right to file a consumer complaint in the appropriate consumer forum.
Not only an individual, but also a company, a partnership firm, joint venture, a c0-0p seociety etc are eligible to file a consumer complaint againt any deficiency in service or unfair trade practice, provided it proves that it is a consumer as defined in Sec.2 (d)(i) of the Consumer Protection Act. Which means, the company should prove that it has availed goods/services from the other party paying consideration for the same.
I hope your query is resolved now...
Keshava Ram Bonanthaya
(Managing Director)
(29 Points)
Replied 24 December 2011
Thanks Mr. Rajesh, your argument is very logical.
While I was searching on web, I came across this point in this link https://www.corecentre.co.in/Database/Docs/DocFiles/faq4.htm
Q) Can I Approach The Consumer Courts If I bought the Goods or Services for Commercial Purposes?
A) No, the Consumer Courts are only meant for the ordinary consumers who have bought goods & services for their own use or needs. Those who buy the goods/services for commercial purposes or resale purposes are excluded from the act. This forum is not meant for businesses ,firms and Industries but for the common man/consumer looking for quick & effective justice.
CS RAJESH C.CHOUDHARY
(ASSISTANT MANAGER)
(14607 Points)
Replied 24 December 2011
Dear Keshava Ram,
If Goods, or machinery are purchased for his self Employment, such Commercial activity is covered under Consumer Pro Act.It include sewing m/c for tailors, or pc. type writer for Steno, etc.Firms and Company cannot claim to be consumer.
Charu Srivastava
(Company Secretary)
(4210 Points)
Replied 24 December 2011
Yes company can approach the consumer forum provided the good and services are not for resale or commercial purpose.
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