METRO TYRES LTD Vs. SAMARTH ENGINEERING WORKS

JUDGEMENT

(1.) AFTER hearing the Counsel appearing on both sides we have unhestitatingly come to the consclusion that orders passed by the District Forum and the State Commission in this case have to be set aside on the short ground that the complainant before the District Forum who is the Respondent before us is not a Consumer inasmuch as he purchased the tyres in bulk (100 Nos.) for a commercial purpose namely for their being fitted on bullock carts which are being manufactured by him. The purchase so made is obviously for a commercial purpose. The complaint petition should have been dismissed on this ground. The orders passed by the District Forum and the State Commission awarding relief to the Complainant cannot therefore be sustained. The Revision petition is accordingly allowed and the impugned orders are set aside. The parties will bear their respective costs.

(2.) IT is represented by Counsel for the revision petitioner that in complaince with the order passed by the District Forum, the petitioner Company namely Metro Tyres Ltd. has deposited the sum of Rs. 42,300/- in the Registry of District Forum in the shape of a demand draft and the said amount is still lying in deposit with the Registry of the District Forum, Ahmednagar, Maharashtra. If this be so, the District Forum shall refund this amount to the revision petitioner Company in view of our having held that the complainant is not entitled to recover any amount from the Revision Petitioner herein. The Registrar of the District Forum shall forthwith refund the said amount to the Revision Petitioner namely M/s. Metro Tyres Ltd.