Self-employed can also be a consumer

Interpreting the various rulings of the Apex Court, the National Commission concluded that a person engaged in commercial activities on a significant scale to make a profit would not be a consumer

Dr Ram Kumar, a pathologist, ran two labs. He purchased a Lumax instrument for Rs 3,79,250 and its chemical kit costing Rs 1,20,000 manufactured by Lilac Medicare (now named Tosoh India).

Kumar alleged that the instrument was defective and sought a refund. Since the company did not agree, Kumar filed a complaint before the District Forum against Lilac as the manufacturer and Sharda Enterprises as the seller. The manufacturer contested the complaint and questioned its maintainability on the ground that the equipment had been purchased for commercial purpose.

The Forum upheld the objection and dismissed the complaint. Kumar appealed to the Haryana