NATIONAL INSURANCE COMPANY LTD Vs. SATYA PAL TULI

JUDGEMENT

(1.) Heard.

(2.) This is complainant's appeal against the order of dismissal of his complaint by the DF, Bikaner. The case put forth by the appellant in the complaint under Sec.12 of the C. P. Act, 1986 (the Act) was that he had purchased an Escort JBC Excavator Loader 3 DHDT on 21.6.1998 from Rajesh Motors, respondent No.2 for Rs.15,000/-. The said machine had been sold by respondent No.2 to him with a warranty for one year against defects in parts or in machine or to run successfully for 2000 hours. But the said goods came out to be defective and when the appellant required the respondents to replace the spare parts or to remove the defects in the machine, they declined to do so. The respondents apart from denying that they had sold defective goods to the appellant, contended that the appellant was not a consumer within the meaning of the term defined in Sec.2 (1) (d) inasmuch as that he had purchased the said machine for the partnership firm and which firm was engaged in the business of excavating stones at sufficiently large scale. It was also contended by the respondents that the relief claimed by the appellant exceeds the pecuniary jurisdiction of the DF. The DF found favour with both the preliminary objections raised by the respondents and dismissed the complaint of the appellant.

(3.) It was urged by the learned Counsel for the appellant that a bare reading of the relief clause would disclose that the relief claimed by the appellant was to the extent of Rs.5 lacs only and, therefore, the DF erred in holding that the relief claimed in the complaint exceeds the pecuniary jurisdiction of the DF. In support of this contention the learned Counsel for the appellant relied upon the National Commission order in the case of Quality Foils India (P.) Ltd. V/s. Bank of Madhura Ltd.,1996 2 CPJ 103. We agree with the argument advanced by the learned Counsel.