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Tribunals and Commissions(1990) 10 NCDRC CK 0007

D.R. JOSHI vs Motor Industries Co. Ltd.

National Consumer Disputes Redressal Commission · Decided on 9 October 1990 · Citation: 1991 0 CPC 111 : 1991 2 CPJ 619 : 1991 2 CPR 14

HON’BLE JUDGES
G.G.Loney , M.G.Gavai , Elipe Dharma Rao J.
RESULT
Appeal allowed

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Judgment

4 paragraphs · 425 words
1.

ALTHOUGH it is registered as an appeal No. 29/90, in fact it is a revision filed by Shri D.R. Joshi against the order of the District Forum, Bombay dated 2.5.1990. By the said order the District Forum took the view that the tempo is being used for commercial purpose and the fuel pump in question was an equipment attached to that tempo. According to the District Forum, the complainant is not a "consumer" and therefore, the complainant has been ordered to be returned to the complainant.

2.

IN his revision application, Shri D.R. Joshi contended that his complaint is about the "service" given by the opponent in relation to the fuel pump. According to the complainant, he has not claimed any refund of the price of the fuel pump or replacement of the equipment but has claimed that the "service" of the opponent was "deficient". If a complaint is made by the consumer as regards the "deficiency" in relation to any service then in that event the complaint is maintainable. IN sub-clause (ii) of sub-section (d) of Section 2 of the Consumer Protection Act, the hirer of the service for consideration can be said to be consumer. It is under Clause (i) of the aforesaid Section, when a consumer obtains goods for resale or for any commercial purpose then only, he is not designated as a consumer. We find in this case that the complainant has not purchased the fuel pump either for resale or for any commercial purpose. It is immaterial whether the tempo is used for commercial purpose. However, the claim for the ''deficiency'' in service in relation to goods cannot be denied. Under these circumstances, we find that the complaint has been wrongly rejected by the District Forum, Bombay and as such the impugned order requires to be set aside.

Shri S.G. Netravali present on behalf of Motor Industries Company Ltd. was present at the time of hearing. He further requested that he should be supplied with the copy of the complaint and other papers so as to arrange his defense in the complaint

3.

WE allow this revision and set aside the order of the District Forum, Bombay dated 2.5.1990. The complainant and opponent who are present before us are directed to appear before the District Forum, Bombay on 15.11.1990 at 2.00 p.m. at Administrative Barrack No. 11, P.P. Journal Marg, Bombay. The District Forum will give copies of the complaint to the respondent and after hearing both the parties shall decide the Consumer Dispute according to law. Appeal allowed.