KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL NO.475/2011
JUDGMENT DATED:14-11-2011
PRESENT:
JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT
1. Tata Motors, Mumbai,
The Managing Director,
Tata Motors Ltd.,
Bomabay House,
24 Homi Mody Street, Mumbai.
2. The Area Service Manager,
Tata Motors Ltd., Area Service
Office, Tutus Towers,3rd Floor,
N.H. Byepass Road, Padivattom, : APPELLANTS
Kochi – 24.
3. The Manager
Sakthi Automobiles Sales & Service,
Meenchanda, Kozhikode – 3.
4. The Manager
Sakthi Automobiles,
Kakkavayal (P.O.)., Meenangadi,
Wayanad.
( By Advs. V. Krishna Menon & S. Reghu Kumar)
Vs
K.U. Ramaswamy
S/o GopalaKrishnan Gowder, : RESPONDENT
Kallenchira, Karani,Varadoor, Kalpetta.
(By Adv. Ashok Kumar)
JUDGMENT
JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT
The appellants are the opposite parties manufacturer, dealer etc of the alleged defective bus chassis. The complaint stands allowed directing the opposite parties to pay Rs.7,04,200/- as well as a sum of Rs.50,000/- as compensation.
2. At the time when the matter came up for hearing, the counsel for the respondent/complainant has sought for the leave of the Court to permit him to file a suit in the Civil Court as the contention raised by the opposite parties that the vehicle was purchased for commercial purposes and the complainant cannot be treated as a consumer under the Consumer Protection Act has not been considered by the Forum.
3. In the circumstances as sought by the counsel for the respondent/complainant the order of the Forum is set aside. The complainant/respondent will be at liberty to initiate proceedings before the Civil Court. The period taken by the complainant in pursuing the present matter before the Consumer Disputes Redressal Forum and this Commission will be excluded in calculating the period of limitation for filing the civil suit. The present proceedings is disposed of accordingly.
JUSTICE K.R. UDAYABHANU: PRESIDENT
VL.
