KOTAK MAHINDRA BANK LTD Vs. KRISHAN KUMAR DHANKAR

JUDGEMENT

(1.) APPELLANT Bank which was the opposite party No. 3 before the State Commission has filed this Appeal against the judgment and order dated 23.3.2007 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Complaint Case No. C -155/20002 whereby the State Commission allowing the complaint has directed the Appellant Bank to refund the amount of Rs. 4,40,000 deposited by the Complainant towards the margin money and to pay Rs. 1,00,000 as compensation for wrongful action. Opposite party No. 1 was directed to pay the sum of Rs. 50,000 to the complainant as compensation towards mental agony and the opposite party No. 2 was directed to refund the entire cost of the machine in addition to compensation of Rs. 1,00,000 for mental agony and harassment.

(2.) DESPITE number of complaints, the defects developed in the machine during the warranty period could not be cured.

(3.) OPPOSITE party No. 1 - Dealer contested the complaint on the grounds; that its liability was limited being the dealer; that the defects in the machine pointed out by the Respondent were rectified; that the Complainant was not a 'consumer' as the machine was purchased for commercial purposes.