Kozyflex Mattresses Private Limited vs SBI General Insurance Company Limited 2024 INSC 234 – Consumer Complaint By A Company

Consumer Protection Act, 1986 ; Section 2(1)(m)- Whether a company or body corporate was not covered under the definition of a ‘person’ under the Act of 1986? The definition of ‘person’ as provided in the Act of 1986 is inclusive and not exhaustive. Consumer Protection Act being a beneficial legislation, a liberal interpretation has to be given to the statute. The very fact that in the Act of 2019, a body corporate has been brought within the definition of ‘person’, by itself indicates that the legislature realized the incongruity in the unamended provision and has rectified the anomaly by including the word ‘company’ in the definition of ‘person’. Hence, the first preliminary objection regarding ‘company’ not being covered by the definition of ‘person’ under Act of 1986 has no legs to stand and deserves to be rejected. (Para 15)

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