The Supreme Court has dismissed Poly Medicure Ltd.’s appeal against Brillio Technologies Pvt. Ltd., nearly one and a half years after the matter was reserved for orders in May 2024.
The Bench comprising Justice J.B. Pardiwala and Justice Manoj Misra delivered its judgment on 13 November 2025, holding that Poly Medicure did not qualify as a “consumer” under Section 2(1)(d) of the Consumer Protection Act, 1986, in relation to its purchase of the “Brillio Opti Suite” software. The Court concluded that the software was procured to automate and enhance the company’s import–export operations activities directly connected to commercial profit and therefore the transaction fell squarely within the ambit of “commercial purpose.”
The Court emphasized that although companies are “persons” capable of filing consumer complaints, they cannot claim consumer status when goods or services are acquired to advance business profitability. The Bench reaffirmed that the Act excludes business-to-business commercial transactions, and that automation of enterprise processes intended to reduce cost and increase efficiency retains a clear nexus with profit generation.
The decision upholds concurrent findings of the Delhi State Consumer Disputes Redressal Commission (2019) and the National Consumer Disputes Redressal Commission (2020), both of which had dismissed Poly Medicure’s complaint on maintainability.
With the appeal rejected, the Supreme Court concluded that Poly Medicure’s claim alleging software malfunction and deficiency of service was not maintainable before consumer forum, thereby closing a matter that awaited pronouncement for almost 18 months.
Appearances:
For Petitioner(s) Mr. Shashank Garg, Sr Adv.; Mr. Divyakant Lahoti, AOR;Ms. Kartik Lahoti, Adv.; Ms. Praveena Bisht, Adv.; Ms. Vindhya Mehra, Adv.; Mr. Kumar Vinayakam Gupta, Adv.; Ms. Mallika Luthra, Adv.; Ms. Shreya Gokel, Adv.; Ms. Nishtha Jain, Adv.
For Respondent(s) Mr. Jayant Mehta, Sr. Adv.; Mr. Ankur Sangal, Adv.; Ms. Sucheta Roy, Adv.; Mr. Raghu Vinayak Sinha, Adv.
