N.K.JAYAPAL Vs. ICI INDIA LTD

JUDGEMENT

(1.) The complainant having failed in his attempt to satisfy the District Forum, that he is a consumer, then failing to get the relief as prayed for, has come before us, as appellant, aggrieved by the order of the District Forum, dated 26.05.2009 in C.C. 8/2005, on the file of the District Forum, Ooty.

(2.) Factual matrix as follows:- The complainant is the dealer of the colour solutions, manufactured by third opposite party, supplied by the second opposite party, through the first opposite party. At the time of giving the dealership, the complainant was provided with the machinery, with a lot of colour base, for which, there was actually no specific request from the complainant. Even after two months, the installation of machine was not completed, compelling the complainant to call upon the second opposite party, to refund the advance. There was no infrastructural support of any kind from the opposite parties. There was lot of variations in the actual colours, when compared to the shade cards provided by the company and therefore, the complainant found it difficult to market the products of the opposite parties.

(3.) On account of the defects in the machinery, there were further problems related to tinting and on the complainant?s directive some of the bases wrong/defective colours were taken back by the representatives of the company. This was brought to the knowledge of the opposite parties, not attended. The opposite parties have neither taken the machinery back nor rectified it, thereby leaving the machinery at present laying in the complainant?s shop, occupying the commercial premises of the complainant, for which, the complainant is entitled to a sum of Rs.50,000/- as rent.