maintainability of complaint - The Legal Chamber

The Supreme Court held that a company purchasing software to automate and streamline its core, profit-generating business operations does so for a "commercial purpose" under Section 2(1)(d) of the Consumer Protection Act, 1986. Consequently, it does not qualify as a "consumer" and cannot maintain a complaint before a consumer forum for alleged deficiency in such services. Facts Of The Case: M/s Poly Medicure Ltd., the appellant, is a company engaged in the import and export of medical devices. To implement an export/import documentation system at its plant, it purchased a product license for the "Brillio Opti Suite" software from M/s Brillio Technologies Pvt. Ltd., the respondent. After making the requisite payment, the appellant alleged the software was defective and non-functional. Cla...

This Supreme Court judgment holds that under the Negotiable Instruments Act, 1881, a Trust is not a juristic person capable of being sued. A complaint for a dishonored cheque issued on behalf of a Trust is maintainable against the Trustee who signed it, without needing to array the Trust itself as an accused. The ruling clarifies that vicarious liability attaches directly to the responsible Trustee. Facts Of The Case: The dispute arose from a financial arrangement concerning William Carey University. Facing a crisis, its sponsoring body, ACTS Group, entered an MoU with Orion Education Trust on 12.10.2017 to hand over the university's management. The Respondent, Vijaykumar Agarwal, was Orion's Chairman. In this capacity, he authorized the Appellant, Sankar Padam Thapa, to liaise wit...

Tag: maintainability of complaint

Supreme Court Clarifies: Buying Software for Business Is Not ‘Consumer’ Activity

Supreme Court Clarifies: Trustees Can Be Sued for Dishonored Cheques, Even If Trust Is Not Named as Accused