Poly Medicure Ltd. Vs Brillio Technologies Pvt. Ltd. (Supreme Court of India)
Corporate Buyer Not a Consumer: SC Holds Software Purchase for Business Automation Is a Commercial Purpose
The Supreme Court dismissed Poly Medicure Ltd.’s appeal & upheld the findings of the State Commission & NCDRC that the company is not a “consumer” u/s 2(1)(d) of the Consumer Protection Act, 1986, as its purchase of the “Brillio Opti Suite” software was for a commercial purpose.
Poly Medicure had purchased the software to automate complex export–import documentation & business processes such as export documentation sets, SAP document clubbing, LC management, duty drawback tracking, container tracking, & forex cover management. The Court held that such software directly facilitates the company’s business operations & is closely connected with profit generation & business efficiency.
The appellant argued that it was an “end user,” that the software was for internal use, & that self-use without resale should qualify it as a consumer. The Court rejected this, clarifying that self-employment protection applies only to individuals earning livelihood, not to incorporated commercial entities. A company automating its processes is doing so to reduce cost & maximise profits, which squarely falls under “commercial purpose.”
The Court distinguished precedents like Sunil Kohli & Paramount Digital, which involved individuals purchasing goods for livelihood. It relied on Lilavati Kirtilal Mehta Medical Trust, Harsolia Motors, Virender Singh, & other authorities to emphasise that the dominant purpose test governs consumer status.
