Kerala

StateCommission

A/14/176

MURALEEDHARAN - Complainant(s)

Versus

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

GEORGE CHERIYAN

28 Feb 2017

ORDER

 

 

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO.176/14

JUDGMENT DATED:28.02.2017

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                         :  PRESIDENT

SHRI.V.V JOSE                                                           : MEMBER

 

Sri. Muraleedharan,

S/o Krishnan, Mulakkal House,

Ramavarmapuram P.O,                                                    : APPELLANT

Thrissur District-680 631.

 

(By Adv: Sri. George Cherian Karippaparambil)

 

            Vs.

 

1. M/s Ashok Leyland, 1 Sardar Patel Road,

Guindy, Chennai, PIN-600 032.

Rep. by Manager.

 

2. M/s Ashok Leyland, Area Office,

Ambily Building, 1^st floor,

Warriam Road, Ernakulam, PIN-682 016.

Rep. by Area Manager.

 

(R1 & 2 By Adv: M/s Menon & Menon)

 

     3.    M/s T.V. Sundaram Iyengar & Sons Ltd.,

N.H.47, Bye Pass Road, Ollukkara P.O,

Mannuthy, Thrissur, PIN-680 655.

Rep. by Managing Director.

 

 

     4.    M/s T.V. Sundaram Iyengar & Sons Ltd.,

N.H.47, Bye Pass Road, Ollukkara P.O,

Mannuthy, Thrissur, PIN-680 655.

Rep. by Manager.

 

(R3 & 4 by Adv : Smt. S. Laila)

 

 

 

JUDGMENT

 

HON. JUSTICE SHRI.P.Q.BARKATHALI  :  PRESIDENT

 

 

This is an appeal filed by the complainant in CC.416/13 on the file of CDRF, Thrissur challenging the order of the Forum dated, October 04, 2013 dismissing the complaint as not maintainable at the admission stage itself.

2.      Complainant filed the complaint before the Forum claiming the price of the vehicle purchased by him on the ground that the same is defective.  Forum dismissed the complaint finding that he is a commercial consumer.  Complainant has come up in appeal challenging the said order of the Forum.

3.      Heard both the counsels.

4.      In the Appeal Memorandum itself it is alleged that complainant is a coolie worker and has experience in fishing and to earn his livelihood by transporting fish he has purchased the vehicle.  That being so he has treated as a consumer as defined under section 2(1) (d) of the Consumer Protection Act.

In the result appeal is allowed.  The impugned order of the Forum dismissing the complaint is set aside.  The complaint is admitted.  The matter is remanded to the Forum for fresh disposal in accordance with law.  Both parties shall appear before the Forum on 31.3.2017.

 

 

JUSTICE P.Q. BARKATHALI  :  PRESIDENT

 

 

V.V JOSE  : MEMBER

 

VL.