RAMESH KUMAR Vs. VARINDER SANGRAI & ANR

JUDGEMENT

(1.) This Revision Petition No. 3566 of 2012 has been filed against the judgment dated 14.6.2012 of the State Consumer Disputes Redressal Commission, Himachal Pradesh ('the State Commission') in Appeal Nos. 240/2010 and 281/2010.

(2.) The facts of the case as per the petitioner/ complainant are that Shri Ramesh Kumar -petitioner filed a complaint under Section 12 of the Consumer ProtectionAct, 1986, against Shri Kartar Singh, respondent No. 2 and Shri Varinder Sangrai, respondent No. 1, alleging that on being persuaded by Shri Varinder Sangrai, he purchased a Photo Colour Lab Machine from respondent No. 2, Shri Kartar Singh, who had his place of business at Delhi. It was alleged that machine was supplied in the month of August, 2004. Respondent No. 2 had agreed to install the machine and to make it functional to the satisfaction of the complainant, but he did not depute any person to install the machine. Petitioner also came to know that the machine was defective and that is why, nobody had been deputed by respondent No. 2 to install it and to make it functional. He asked for issuance of a direction to the respondents to return the price of the machine amounting to Rs. 6.00 lacs, with interest @ 18% and to pay damages to the tune of Rs. 1.00 lac, and also to install the machine.

(3.) Respondent No. 1 denied that he had ever persuaded the petitioner to buy machine from respondent No. 2. He pleaded that the story of his having persuaded the complainant had been introduced to give jurisdiction to the learned District Forum, Una to entertain the complaint. Respondent No. 2 raised the issue of territorial jurisdiction. He also pleaded that the petitioner was not a consumer as the machine had been purchased by him for commercial purpose. On merits, it was denied that the machine was defective. It was stated that the petitioner had been operating the machine and that the fact was evidenced by various vouchers against which he had repeatedly been purchasing papers and other material for developing photographs.