ASSISTANT MANAGER BPL INDIA Vs. S R TUSHAR

JUDGEMENT

(1.) This appeal is directed against the Order dated 2/7/1990 of the District Forum, Gulbarga in Complaint No.16/90/378 on its file. It arise in this way: respondent No.1 is the Proprietor of a Video Library called 'apna Ghar Video House' at Fort Road, Gulbarga. He purchased a VCR of BPL Company from respondent No.3. The said VCR developed some defects and could not be operated. Hence he gave it for repairs to respondents 2 and 3. Although they got it repaired once or twice, still it was not working properly. Hence he filed a complaint before the District Forum for replacement of the VCR and for compensation.

(2.) The complaint was resisted by contending inter alia that the complainant is not a consumer within the meaning of Sec.2 (1) (d) of the Consumer Protection Act, 1986 (for short the 'act'); that as the complainant is using VCR for commercial purpose, he will not be a consumer, that as the warranty period has expired, they are not bound to attend to the defect free of charge and that they are not bound to replace the VCR. The complainant gave evidence as PW1 and the Partner of respondent No.3 was examined as RW1. On the said evidence, the District Forum reached the conclusion that the VCR supplied to the complainant was defective and directed the first respondent to replace the VCR by new VCR of BPL Company which is free from any defect or to pay to the complainant Rs.14,400/- with interest thereon at the rate of 6% from the date of the order till the date of payment, if the VCR is not replaced and also to pay Rs.7,500/- as compensation together with interest thereon at the rate of 6% from the date of the Order till the date of payment and costs of Rs.100/-. The complaint against respondents 2 and 3 was dismissed. Hence this Appeal by respondent No. l.

(3.) The Asst. Law Officer of the appellant urged that the appeal has to succeed on a short point that the VCR was purchased for a commercial purpose and so the complainant will not be a consumer within the meaning of Sec.2 (1) (d) of the Act.