NDLI: National Insurance Co. Ltd. Vs. Harsolia Motors and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1986 Consumer Protection Act s.2(1)(d)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Consumer Protection Act, 1986 (68 of 1986)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Consumer Protection Act, 1986 – s.2(1)(d) – Respondent (commercial enterprise) had taken fire insurance policy from the appellant insurance company – Respondent sufferred damage due to fire – Appellant denied the claim of respondent – Respondent filed complaint before the State Commission for compensation – State Commission held that respondent was not a “consumer” as defined u/s. 2(1)(d) of the Consumer Protection Act, 1986, and the complaint was not maintainable – However, National Commission held that the respondent was a “consumer” and the complaint was maintainable – Issue before the Supreme Court was, whether the insurance policy taken by respondent (commercial enterprise) insured amounts to hiring of services for “commercial purpose” thereby excluded from the purview of the expression “consumer” as defined u/s. 2(1)(d) of the Act, 1986 – Held: There is no such exclusion from the definition of the term “consumer” either to a commercial enterprise or to a person who is covered under the expression “person” defined in Section 2(1)(m) of the Act, 1986 merely because it is a commercial enterprise – Each case has to be examined on its own facts and circumstances – What needs to be determined is whether the insurance service had a close and direct nexus with the profit generating activity and whether the dominant intention or dominant purpose of the transaction was to facilitate some kind of profit generation for the insured or to the beneficiary – In the instant case, hiring of insurance policy is clearly an act for indemnifying a risk of loss/damages and there is no element of profit generation – Judgment of the National Consumer Disputes Redressal Commission upheld. Consumer Protection Act, 1986 – Nature of the insurance contract – Insurance contracts are contracts of indemnity whereby one undertakes to indemnify another against loss/damage or liability arising from an unknown or contingent event and is applicable only to some contingency or act likely to come in future. Consumer Protection Act, 1986 – A social benefit-oriented legislation – Discussed. Words and Phrases – “Consumer”, “Commercial Purpose” – Discussed – Consumer Protection Act, 1986.
Judge	Hon'ble Mr. Justice Ajay Rastogi
Neutral Citation	2023 INSC 367
Petitioner	National Insurance Co. Ltd.
Respondent	Harsolia Motors And Others
SCR	[2023] 3 S.C.R. 448
Judgement Date	2023-04-13
Case Number	5352

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National Insurance Co. Ltd. Vs. Harsolia Motors and Others

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