LAWS(NCD)-2010-4-46

MRF LIMITED Vs. BHALCHANDRA JAMNADAS PATEL

Decided On April 15, 2010
MRF LIMITED Appellant
V/S
BHALCHANDRA JAMNADAS PATEL Respondents

JUDGEMENT

(1.) This Revision Petition has been filed under Section 21 of the Consumer Protection Act, 1986 (for short the Act ) challenging the Final Order dated 22.2.2006 passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (for short the State Commission ) thereby confirming the Order passed by the District Consumer Disputes Redressal Forum, Bharuch (for short the District Forum ).

(2.) Shortly stated, the facts leading to the filing of the present complaint are: Respondent No. 1 purchased a Tractor manufactured by Eicher Tractor Limited-respondent No. 3 herein on 29.8.2000 by paying Rs. 2,57,000 purportedly for carrying on farming. The said Tractor was fitted with tyres manufactured by the petitioner and sold it to respondent No. 3. The case of respondent No. 1 before the District Forum was that within 2 months of the purchase of the Tractor by him, which was manufactured by respondent No. 3, the rear tyres fitted in the tractor, were worn out which fact was intimated to respondent No. 2 on 1.11.2002. That the representative of the petitioner had inspected the said tyres but no action was taken, as a result of which, respondent No. 1 filed the complaint before the District Forum.

(3.) On being served, petitioner filed its Written Statement denying the allegations made in the Complaint. The stand taken by the petitioner was that there is no privity of contract between the petitioner and the complainant and, therefore, the complaint filed was maintainable against the petitioner. Other Opposite Parties filed their separate Written Statements.