UNIQUE MOTORS Vs. VIJAY KUMAR GOEL

JUDGEMENT

(1.) Appellant has assailed the order dated 22.6.2013, of learned District Consumer Disputes Redressal Forum, Mandi, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, filed against it and two others, has been allowed and a direction given to the appellant alone to replace the bus with a bus of new model and also to pay a compensation of Rs.50,000/ - with further direction that in case bus is not replaced within 30 days, its price amounting to Rs.7,36,000/ - shall be refunded with interest at the rate of 9% per annum. Also, a sum of Rs.10,000/ - has been ordered to be paid, on account of deficiency in service and Rs.3,000/ -, on account of litigation expenses.

(2.) Respondent -complainant, Vijay Kumar Goel filed a complaint, under Section 12 of the Consumer Protection Act, 1986, alleging that he had purchased a bus from the appellant in September, 2008 for a sum of Rs.7,36,000/ - and that later -on, he came to know that the bus was of September, 2007 model, instead of being of September, 2008 model. He further alleged that besides the model of the vehicle being old, it came to light that it was used before its sale and a distance of 8790 Kilometres had been covered. It was stated that the vehicle had to be repaired repeatedly, because of its having already been used. He claimed that he had sustained loss of Rs.48,280/ - because of the aforesaid alleged acts of deficiency in service and unfair trade practice.

(3.) One of the pleas, that were raised by the appellant, was that complainant was not a consumer, inasmuch as the vehicle had been purchased by him for commercial purpose and there was no plea that it was purchased by him to earn his livelihood by self employing himself.