TIOL-DDT 1683 · Thursday, 1 September 2011 · story 5 of 6

'Marketable to Consumer' Supreme Court Elucidates

THE word "consumer" refers to the person who purchases the product for his consumption, as distinct from a purchaser who trades in it. The marketability of the product to "the purchaser trading in it" is distinguishable from the marketability of the product to "the purchaser purchasing the same for final consumption" as in the latter case, the person purchases the product for his own consumption and in that case, he expects the product to be suitable for his own purpose and the consumer might purchase a product having marketability, which it did not possess earlier. Therefore, the phrase "marketable to the consumer" would naturally mean the marketability of the product to "the person who purchases the product for his own consumption".

We bring you this judgement dated 30th August today. Please see Breaking News.