CHANDRA BHUSHAN SINGH Vs. BAYER DIAGNOSTICS INDIA LTD

JUDGEMENT

(1.) In this revision challenge is to the order dated 17.1.2006 of Consumer Disputes Redressal Commission Bihar, Patna allowing appeal against the order dated 22.12.2003 of a District Forum and dismissing the complaint.

(2.) Petitioner/complainant placed order for purchase of RA 50 Chemistry Analyser machine with respondent No. 1/opposite party No. 1 through its dealer Sinwalia Enterprises on 14.11.1998. Warranty period of the equipment was one year. Equipment was serviced on 23.5.1999 by the respondents to the satisfaction of the petitioner. Under an annual maintenance contract entered into between the parties for the period from 1.10.2000 to 30.9.2001, the equipment was serviced on 21.11.2000 and on 10.4.2001 by the respondents. Petitioner alleged that filter wheel of the equipment was reconditioned and old. Alleging deficiency in service the petitioner filed complaint which was contested by the respondents on a variety of grounds including that the complaint was barred by limitation and equipment was purchased for commercial purpose and as such the complaint was not maintainable.

(3.) State Commission allowed the appeal on the grounds of complaint being barred by time and equipment in question having been purchased for commercial purpose.