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SC Dismisses Pali Medicure Plea, Says Software Bought for Business Not a Consumer Deal
The Supreme Court held that the Consumer Protection Act does not apply to purchases made for profit. A bench of Justices J.B. Pardiwala and Manoj Mishra delivered this ruling on an appeal by M/s. Pali Medicure Limited. The Court held that a company purchasing software for commercial purposes cannot be considered a consumer. The Court upheld the findings of the State and National Consumer Disputes Redressal Commissions.
In a significant ruling, the Supreme Court said on Thursday that if a product or service is purchased for profit, the buyer cannot be considered a consumer. Hence, the buyer cannot pursue a case under the Consumer Protection Act.
While pronouncing the order on an appeal filed by M/s. Pali Medicure Limited, the bench comprising Justices J.B. Pardiwala and Manoj Mishra upheld the order passed by the State and National Consumer Disputes Redressal Commissions and said the complaint filed by the company was not maintainable under the Act.
It was held that a company purchasing software to conduct its business cannot be a consumer under the Consumer Protection Act, 1986, because it is a commercial transaction. Justice Mishra, while delivering the judgment, cited various judgments and stated that the purchase of goods/services (i.e., software) was related to profit-generating activities.
