NCDRC

NCDRC

RP/3854/2006

DR. VIDYADHAR TIWARI - Complainant(s)

Versus

M/S ASHOK LEYLAND LTD. - Opp.Party(s)

IN PERSON

18 Jan 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3854 OF 2006
 
(Against the Order dated 17/10/2006 in Appeal No. 2070/2005 of the State Commission Madhya Pradesh)
1. DR. VIDYADHAR TIWARI
SHIVKUMAR RESIDENTAL VILLAGE , CHUNHA POLICESTASION JSE TAHSIL NAGOD
DISTT
STNA M.P
...........Petitioner(s)
Versus 
1. M/S ASHOK LEYLAND LTD.
ANEROUD COPLEX NEAR SAKET HOUSE CHOCK ROA ROAD STNA
DISTT , SATNA M.P
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 18 Jan 2011
ORDER

The State Commission has non-suited the complainant/petitioner holding that the complainant did not fall within the definition of ‘Consumer’ as defined under Section 2 (1) (d) of Consumer Protection Act, 1986 as the entire dispute arose from a

 

 

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Hire Purchase Agreement and the same did not constitute the dispute as envisaged under the Consumer Protection Act, 1986.  For

this, the State Commission has relied upon the judgment of this Commission in III (2006) CPJ 247 (NC) Ram Deshlahara vs. Magma Leasing Ltd.”     

          Counsel for the respondent fairly concedes that the impugned order be set aside and the case be remitted back to the State Commission to decide both the appeals afresh taking the complainant to be a ‘Consumer’.

          We set aside the impugned order and remand back the case to the State Commission to decide both the appeals, i.e. one filed by the complainant as well as the other filed by the respondent/opposite party afresh taking the complainant to be a ‘Consumer’.

          Parties through their counsel are directed to appear before the State Commission on 05.04.2011.

 

 

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          Since it is an old case, we would request the State Commission to dispose of the appeals within four months of the first date of appearance.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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