Profit-oriented purchase of software is not covered by the Consumer Protection Act.

Judgment dated 13.11.2025 of the Supreme Court of India in Civil Appeal No.6349 of 2024 of M/s Poly Medicure Ltd   Vs.   M/s Brillio Technologies Pvt Ltd.

Section 2(1)(d) of the Consumer Protection Act 1986.

Whether the appellant – complainant is a “consumer” in respect of the goods purchased / services availed.

Consumer definition excludes “company” which buy software for commercial purpose

Enterprise Software is not Personal Use : SC Clarifies Scope of Section 2(1)(d) of the Consumer Protection Act.

The appellant engaged in export and import of medical devices and equipment, sought a software and purchased product licence of Brillio Opti Suite” from the respondent.

However, the software did not function properly.   The appellant filed consumer complaint.  An objection was raised to the maintainability of consumer complaint that purchase of software licence was for a commercial purpose.

HELD that if the object of the purchase of goods / services is to generate or augment profit, the same would be treated as for a commercial purpose.

The purpose of goods / services i.e. software from the respondent was with a view to automate the processes of the company which were linked to generation of profit, inasmuch as, automation of business processes is undertaken not just for better management of the business but to reduce costs and maximize profits.  

The transaction of purchase of software had a nexus with generation of profits and therefore, qua the said transaction, the appellant cannot be considered as “consumer” as defined in Section 2(1)(d) of the CP Act.