VidhiSangh

Supreme Court of India · 10/05/2024

SHRIRAM CHITS (INDIA) PRIVATE LIMITED EARLIER KNOWN AS SHRIRAM CHITS (K) PVT. LTD versus RAGHACHAND ASSOCIATES

[2024] 6 S.C.R. 214 · 2024 INSC 403

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A service provider asserting that a consumer obtained services for a commercial purpose must prove that exclusion on a preponderance of probabilities. Only after that burden is discharged must the complainant establish the livelihood-through-self-employment exception. The chit company’s unsupported commercial-purpose plea did not shift the burden. Its appeals were dismissed, leaving undisturbed the concurrent findings of deficiency in failing to refund subscriptions.

Issues

  1. Who must prove the commercial-purpose exclusion from consumer status.
  2. When the complainant must prove the livelihood-through-self-employment exception.
  3. Whether the chit company substantiated its maintainability objection.

Provisions considered

Held

Result

Appeals dismissed; commercial-purpose objection failed for want of proof. Concurrent consumer-forum findings of deficiency left undisturbed.

Judgment PDF: Supreme Court of India, [2024] 6 S.C.R. 214.