M/S. MANIKBAG PVT. LTD. VIDHYANAGAR REP BY ITS DIRECTOR SARANG HUBLI Vs. RAJARAM MAHADEV NILAJKAR R/O SAPUR GALLI, MADAVPUR VADGAON BELGAUM KARNATAKA

JUDGEMENT

(1.) The complainant claims to have purchased a second hand truck bearing Regn. No.KA-26 A 2095 from the petitioner for a consideration of Rs.3.5 lakhs. The grievance of the complainant is that possession of the truck was not given to him by the petitioner. The complainant, therefore, approached the concerned District Forum by way a consumer complaint, seeking direction to the petitioner to hand over the truck to him or to return the amount of Rs.3,50,000.00 along with interest and compensation.

(2.) The complaint was resisted by the petitioner on several grounds including that the complainant was not a consumer as defined in section 2(1)(d) of the Consumer Protection Act.

(3.) The District Forum vide its order dated 26.5.2011 ruled in favour of the complainant and directed refund of the amount of Rs.3.5 lakhs along with interest @ 6% p.a., compensation quantified at Rs.2,000.00 and the cost of litigation quantified at Rs.1,000.00.