MADHAV PROCESSORS Vs. VEERPRABHU MARKETING LTD

JUDGEMENT

(1.) Both these appeals arises upon an order of the learned District Forum, Jodhpur dated 28.4.1995 out of Complaint No.395/1994 which has been filed by M/s. Madhav Processors, Jodhpur against M/s. Veerprabhu Marketing Ltd. , Jodhpur and M/s. Tata Engineering and Locomative Co. Ltd. , Mumbai and as such are being disposed of by this common order.

(2.) Facts relevant for disposal of these appeals in brief are that the appellant M/s. Madhav Processors in Appeal No.1043/1995 purchased one Tata Mobile Pickup on 22.2.1993 from M/s. Veerprabhu Marketing Ltd. at a price of Rs.2,63,562.60. The vehicle in question was manufactured by the respondent No.2 M/s. Tata Engineering and Locomotive Co. Ltd. , Mumbai. The case of the appellant-complainant has been that since the said vehicle was having manufacturing defect right from the very beginning i. e. its engine and back compres or got overheated and it had also various defects as listed in para 3 of the complaint; pertaining to wheel alignment, defective gear box, defective steering, wheel wobbling and also that its doors also did not close properly making noise. It is also averred that because of the defective vehicle, he had to purchase oil worth Rs.25,000/- in the past 14 months. He, therefore, approached the opposite parties but having failed to succeed, filed the complaint before the learned District Forum to claim the replacement of the vehicle in question or to refund him the cost of the vehicle i. e. Rs.2,63,562/- and further claimed an amount of Rs.1 lac on misc. expenses incurred by him in respect of the vehicle besides claiming Rs.50,000/- as compensation and cost of litigation.

(3.) The complaint was resisted by both the respondents by filing a written version. The learned District Forum after consideration of the evidence led on behalf of both the parties; dismissed the complaint holding that neither the complainant is a consumer nor the dispute gives rise to a consumer dispute.