Andhra Pradesh

StateCommission

FA/1497/06

M.L.AGARWAL - Complainant(s)

Versus

M/S CEAT LTD - Opp.Party(s)

MR. G.VENKATA SWAMY GOUD

03 Oct 2008

ORDER

 
First Appeal No. FA/1497/06
(Arisen out of Order Dated null in Case No. of District Kurnool)
 
1. M.L.AGARWAL
2-1-113 TOBA CCO BAZAR SECUNDERABAD
Andhra Pradesh
...........Appellant(s)
Versus
1. M/S CEAT LTD
SENIOR TERRITORY MANAGER F.NO. 418 4TH FLOOR MAHESHWARI CHAMBERS 6-3-650 SOMAJIGUDA HYD
Andhra Pradesh
2. M/S AUTOMOTIVE MANUFACTURERS PVT LTD
S.NO. 73 MEDCHAL HIGH WAY NO.7 JEEDIMETLA HYD
HYD
Andhra Pradesh
...........Respondent(s)
 
BEFORE: 
 
PRESENT:
 
ORDER

A.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION : ATHYDERABAD

 

FA 1497/2008 in CC No. 118/2006 on the file of the District Forum II, Hyderabad

 

 

Between:

M. L. Agarwal, S/o Late Sri G. R. Agarwal,

Aged about 69 years, Occ : Business,

R/oRamaTowers, TSK Chambers,

2ndM. G. Road

Secunderabad – 3.                                      

 

And

 

  1. TheSeniorTerritoryM/s. Ceat Limited,

    Flat No.418,

    4th

    Somajiguda,

    Hyderabad

     

    1. M/s. Automotive Manufacturers Pvt. Ltd,

    Survey No. 73 ( Part),

    Medchal high way No. 7,

    Opp. Suchitra Electronics,

    Jeedimetla,Hyderabad

     

     

    Counsel for the Complainant          

     

    Counsel for the  

     

     

    CORAM     

     

     

    SMT. M. SHREESHA                                 

     

                                                                

                                                 

     

    Friday , the Third

     

     

    Oral order :  

     

     

    *           

    This is an appeal filed by the appellant U/s. 15 of the Consumer Protection Act to set aside Hyderabad28th.

     

     

    The case of the complainant in brief is that the three tyres purchased from the opposite parties for his business purpose 

     

    The first opposite party, who is the manufacturer, contended  

     

    The second opposite party, who is the dealer, submitted that he clearly established  in the warranty for the vehicle and there is no his liability.

     

                

     

    The points that arises for determination in this appeal are, whether

     

    The grounds of appeal are as follows :    Service Engineer, who is the employee of the opposite party       The order passed by the District Forum may be set aside and the appeal may be allowed.

     

    The appellant contended that there was manufacturing defect of the tyres and       

     

    The respondents contended that the dispute raised by the complainant is not a consumer dispute since the complainant has purchased the tyres for commercial purpose and hence  

     

     Ex A1 is the invoice issued by the second opposite party on 13.01.2004.                                          , wherein, it  complaint alleged manufacturing defects in tractor, such defects could be got established by getting vehicle examined through an expert and in absence of such course, order of Forum allowing complaint could not be sustained.                  The complainant         The complainant also addressed a letter on 4.1.005. Ex A3 is the legal notice dated 11.01.2005 issued to the opposite parties.          

     

    President                                                                                                                      

     

 

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