CADILA HEALTHCARE LTD Vs. D J DESOUZA

JUDGEMENT

(1.) PETITIONER who was the Opposite Party before the District Consumer Disputes Redressal Forum, South Goa, Margao (hereinafter referred to as the District Forum for short) has filed this Revision Petition against the Order dated 05. 06. 2004 passed by the State Consumer Disputes Redressal Commission, Panaji, Goa (hereinafter referred to as the State Commission for short) in Appeal No. 40 of 2003 whereby the State Commission dismissed the Appeal filed by the petitioner and upheld the Order passed by the District Forum dated 02. 06. 2003. While upholding the Order, the State Commission directed the petitioner to pay Rs. 47,196/-, towards full cost of the Optima Binocular, Microscope (hereinafter referred to as OBM for short) along with interest @ 18%. The State Commission awarded a sum of Rs. 5,000/- as damages towards mental torture and professional loss suffered by the complainant/respondent. Shortly stated, the facts of the case are: -

(2.) THAT respondent/complainant purchased an OBM from the petitioner for an amount of Rs. 47,196/ -. The petitioner dispatched the OBM by courier service. No Service Engineer was sent to install the same. Complainant had to install the OBM himself. Within two months of the installment, the instrument began developing faults. Respondent sent two letters to the petitioner but to no weigh.

(3.) AGGRIEVED by this, the complainant filed the complaint before the District Forum. Petitioner did not file written statement but during the course of argument, it was argued that the respondent was not a consumer as the OBM given to him was being used for commercial purposes. Preliminary objection was rejected. It was held that the respondent was a consumer within the meaning of Section 2 (1) (d) of Consumer Protection Act, 1986 (hereinafter referred to as the Act for short ). The District Forum accepted the version of the respondent and allowed the complaint. Aggrieved against this, petitioner filed the Appeal before the State Commission, which had been dismissed by the impugned Order.