Maharashtra

StateCommission

A/12/25

EVIROX PROTECTION COMPANY PVT LTD - Complainant(s)

Versus

M/S TATA MOTORS - Opp.Party(s)

MRS A GOLE

20 Jan 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/12/25
(Arisen out of Order Dated 05/11/2011 in Case No. 507/2011 of District Thane)
 
1. EVIROX PROTECTION COMPANY PVT LTD
2ND FLOOR KHETAN HALL OPPOSITE ETERNITY MALL TEEN HATH NAKA THANE WEST 400602
THANE
MAHARASHTRA
...........Appellant(s)
Versus
1. M/S TATA MOTORS
LAXMI TOWERS B WING 3RD FLOOR BEHIND ICICI BANK BANDRA KURLA COMPLEX MUMBAI 400051
MUMBAI
MAHARASHTRA
2. M/S BALAJI CAR PVT LTD
MOHAN MILL COMPOUND GHODBUNDER ROAD THANE WEST 400607
THANE
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:MRS A GOLE , Advocate for the Appellant 1
 
ORDER

Per Mr. P.N. Kashalkar, Hon’ble Judicial Member :

 

          Mrs. Ashwini Gole, Advocate for appellant present.  Appeal has been filed against the dismissal of the complaint filed in the District Forum, Thane at the stage of admission.  The Forum below passed one page order and then the case was taken for admission of the complaint and it is noted that the complaint company is registered under the Companies Act.  The Company has purchased car which developed some problem which was not solved by the respondents,  M/s Tata Motors and M/s Balaji Car Pvt.Ltd.  Therefore, complainant has filed consumer complaint alleging deficiency in service on the part of both the respondents.  Forum below held that car was purchased by the complainant company and it was engaged in commercial activity.  Consumer complaint can not be allowed to be filed on the basis of car  purchased by the Company for their Directors.  Forum below therefore, held that consumer complaint as filed by the Company is not tenable in law.  Hence it  dismissed the complaint at the stage of admission.  We find the said order passed by the District Forum is just and proper.  It is sustainable in law.  There is no error committed by the District Forum in dismissing the complaint. Hence the order:                         

O R D E R

 

There is no substance  in the appeal and the order passed by the District Forum, Thane is held proper.  Hence at the stage of admission itself, we dismiss the appeal.

 

Pronounced dated 20th January 2012.

 

 

 
 
[Hon'ble Mr. P.N. Kashalkar]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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