HINDUSTAN MOTORS LTD vs PRASENJIT CHAKRABORTY

THIS is a revision petition under Section 17(b) Of the Consumer Protection Act, 1986 against an order passed by the District Forum, Maldah dated 1.9.1997 in Petition Case No. 109 of 1996 holding that the said case was maintainable. The aforesaid case was filed by the complainant through Prasenjit Chakravorty claiming relief against the O.Ps. - Hindustan Motors Ltd. and others. The petitioner''s case was that he purchased a Hindusthan Diesel Deluxe Model Ambassadar, Novalla, 1996, manufactured by the Hindustan Motors Ltd. through its authorised dealer M/s. Farakka Automobiles. Some defects were noticed in the engine of the car and the petitioner insisted that the engine should be changed. As a dispute arose over this matter, the aforesaid consumer case was filed before the learned District Forum, Maldah in which a question of maintainability of the case arose. It was argued that the car in question was being driven by a driver and as such it was purchased for commercial purpose. Hence, the petitioner was not a consumer.

THE learned District Forum held on a discussion of the case law on this point that whether the car was purchased for commercial purpose or not was a question of fact and that the car being placed before the dealer within the warranty period, the petitioner was a consumer. We have perused the judgment. In our opinion, the judgment is well written and the well-reasoned. We do not find any jurisdictional error in the matter and the question in dispute being one of fact mere is no error in the judgment. Accordingly, this revision petition is rejected and the impugned order of the Lower Court is affirmed. Revision Petition dismissed.