DISTRICT CONSUMER DISPUTES REDRESSAL FORUM Civil Station, Palakkad – 678 001, Kerala Dated this the 31st day of December, 2009
Present: Smt.Seena.H, President Smt.Preetha.G.Nair, Member Smt.Bhanumathi.A.K, Member CC No.170/2009 U.P.Sasikumar, S/o.Late Rajagopalan, Sreyas, Maruthur Post, Pattambi, Palakkad. - Complainant (By Adv.T.V.Pradeesh)
Vs
1.Swaraj Mazda, Swaraj Mazda, Chandigarh Rep by Chief Marketing Manager 2. Maxim Motors (A Division of Maxim Traders Pvt. Ltd.), 34/251, N.H.47 Bye Pass, Edappally, Cochin 642024 Rep by its Marketing Manager
3. Maxim Motors, Koppam, Pattambi, Palakkad. Rep by its Marketing Manager - Opposite parties
O R D E R By Smt.Seena.H, President
Complaint coming up for hearing on admission. The forum deliver the following.
The case of the complainant is that complainant purchased a bus from the opposite party. Within months from the date of purchase itself vehicle started showing the defects. It was repaired many a times but no use. At last the complainant sold the vehicle. Now the complainant is claiming compensation from the opposite party for the defect in the vehicle purchased.
Heard the complainant.
It is admitted by the complainant himself that at the time of filing the present complaint, the complainant has already part with the vehicle by selling it to another person. Hence now the complainant cannot be said to have any interest in the vehicle sold. Moreover, there exist no privity of contract between the complainant and opposite party. Further by selling the vehicle complainant has received consideration. Now if at all any order is passed in favour of the complainant that will be double enrichment to the complainant.
In view of the above circumstance, we are of the view that the complainant cannot be treated as consumer. Hence without going into the merits of the case, we dismiss the complaint.
Pronounced in the open court on this the 31st day of December, 2009
Sd/- Seena.H, President Sd/- Preetha.G.Nair, Member Sd/- Bhanumathi.A.K, Member
......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H | |
