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Informist, Thursday, Nov. 13, 2025

NEW DELHI – The Supreme Court Thursday rejected Poly Medicure Ltd.'s consumer complaint against Brillio Technologies Pvt. Ltd. saying that the former was not a 'consumer' under the Consumer Protection Act, 1986. Poly Medicure had alleged that Brillio Technologies had given it a non-functional software, namely "Brillio Opti Suite".

The apex court said Poly Medicure was not only a commercial entity but also the software bought from Brillio Technologies was for automating the processes of the complainant which were linked to generation of profit. "Thus, in our view, the transaction of purchase of goods/ services (i.e., software) had a nexus with generation of profits and, therefore, qua that transaction the appellant cannot be considered a consumer as defined in Section 2(1)(d) of the 1986 Act," said a bench of Justice J.B. Pardiwala and Justice Manoj Misra.

The top court said that both the State Consumer Disputes Redressal Commission, Delhi and National Consumer Disputes Redressal Commission, New Delhi were justified in holding that the software availed by Poly Medicure was for a commercial purpose and therefore it was not a 'consumer' as per Section 2(1)(d) of the 1986 Act. "If upon consideration of all relevant factors the picture that emerges is one which reflects that the object of the purchase of goods/ services is to generate or augment profit, the same would be treated as for a commercial purpose," said the apex court.

Poly Medicure is engaged in export and import of medical devices and equipment. With an intent to install and implement an export and import documentation system at its plant, the petitioner sought software. Consequently, Poly Medicure purchased a product licence of "Brillio Opti Suite", a software, from Brillio Technologies.

The petitioner said it had made the requisite payment for the purchase, however, the software did not function properly. Consequently, Poly Medicure filed a complaint with the State Consumer Disputes Redressal Commission, claiming deficiency in service by Brillio Technologies. Poly Medicure sought a refund of the entire amount paid by it to Brillio Technologies towards product licence cost and additional development cost together with interest at the rate of 18%.

On Thursday, shares of Poly Medicure ended over 3% lower at INR 1,958.90 on the National Stock Exchange.  End

Reported by Surya Tripathi

Edited by Ashish Shirke

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