EUREKA FORBES LIMITED, REPRESENTED BY ITS DIVISIONALAND SALES MANAGER Vs. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (S) AND RANGARAJ JAIN, ROSEWELL PHARMA DISTRIBUTORS

JUDGEMENT

(1.) The opposite party in O.P.No.522 of 1995 on the file of the District Consumer Redressal Forum(South), Chennai is the revision petitioner. This revision is directed against the order of the said Forum dated 14.3.2000, as per which the revision petitioner was directed to pay Rs.25,000/- for deficiency in service and adopting unfair trade practice and Rs.5,000/- towards mental agony and hardship and Rs.560/- being the difference of the price and Rs.1,000/- towards cost.

(2.) The second respondent/complainant purchased an Aquaguard ST 2000 water filter-cum-purifier from the revision petitioner company/opposite party on 5.12.1994 for Rs.4,300/- and on noticing in the box, the maximum retail price is inclusive of all taxes mentioned as Rs.3,760/-, preferred the complaint to collect the sum of Rs.560/- being the excess amount collected, in that the opposite party adopted unfair trade practice. Further the sum of Rs.25,000/- was claimed as compensation and Rs.5,000/- for mental agony besides Rs.1,000/- towards cost.

(3.) In the said O.P. though the revision petitioner company remained ex parte, the complaint was dismissed on 19.2.1996 as not maintainable since the complainant purchased the Aquaguard for the business concern and as such for commercial purpose, in which case, the complaint is not contracted under section 2(1)(d) of the Consumer Protection Act. The order was challenged by the complainant before the State Consumer Disputes Redressal Commission, Chennai in A.P.No.523 of 1996 and the State Consumer Disputes Redressal Commission as per order dated 13.8.1998 remanded the matter back to the District Consumer Disputes Redressal Forum for fresh consideration. After remand, the District Consumer Disputes Redressal Forum considering the Exs.A-1 to A-6 filed on the side of the complainant passed the above said impugned order dated 14.3.2000 making the revision petitioner to file this Civil Revision Petition.