<br /> <br /> DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALAPPURAM<br /> <br /> (Present: Smt. C.S. Sulekha Beevi, President,<br /> Smt. E. Ayishakutty, Member,<br /> Sri. Mohammed Mustafa Koothradan, Member)<br /> <br /> Date of filing: 13-10-2004<br /> <br /> Date of Order: 13-11-2008<br /> <br /> <br /> O.P..No.113/04<br /> <br /> <br /> <br /> Pookoyathangal K.V.K., Syyid Manzil, ) Kuruva, Makkaraparamba (PO), ) <br /> Malappuram, Malappuram District. ) Complainant <br /> )<br /> (By Adv. P. C. Girish, Malappuram) )<br /> <br /> Vs<br /> <br /> 1. The Manager, VPK Motors (P) Ltd., ) VII/221 – A NH 17, Kolathara (PO), ) Cheruvannur, Kozhikode 673 655 )<br /> ) <br /> 2. M/s Toyata Kirlosker Motors Private Limited, ) Registered Office & Works, PLOT No.1 ) Opposite parties <br /> Bidiadi Industrial Area, Ramanagar Taluk, )<br /> Banglore (Rural) District 562 109 )<br /> )<br /> (By Adv. P. Faizal, Kozhikkode) )<br /> <br /> <br /> <br /> ORDER<br /> <br /> <br /> By Smt. C.S. Sulekha Beevi, President,<br /> <br /> <br /> 1. The complainant purchased a Toyota Qualis vehicle from first opposite party on 29-01-2004 for Rs.7,55,110/-. Second opposite party is the manufacturer of the vehicle. The vehicle was registered as KL-10 S/2004. According to complainant after taking delivery the vehicle showed defects which persisted even after series of service and repairs which was done by first opposite party who is the authorized dealer. Complainant alleges that the vehicle has manufacturing defects. Hence this complaint.<br /> <br /> 2. First opposite party has field version disputing the territorial jurisdiction of this Forum to try the complaint. Admitting the purchase of the vehicle, opposite party denies persisting defects or manufacturing defects for the vehicle. It is submitted that complainant violated the warranty conditions by not adhering to the maintenance schedule strictly. That first opposite party has rendered best service and the vehicle was set right after every service. That complaint is frivolous and is only to be dismissed.<br /> <br /> 3. Second opposite party filed a separate version adopting the contentions of first opposite party. It is denied that the vehicle has any manufacturing defect, and submits that first opposite party who is the authorised dealer has extended best quality service to the complainant<br /> <br /> 4. Evidence consists of the affidavit filed by complainant and Ets.A1 to A16 marked for him. Counter affidavit was filed by first opposite party on behalf of both opposite parties. Exts.B1 to B3 marked for opposite party. Either side has not adduced any oral evidence.<br /> <br /> 5. Complainant is aggrieved that the vehicle purchased from opposite party is having persisting defects. Complainant seeks for a direction against opposite parties to rectify the defects stated by him in the complaint. In the alternative complainant prays for replacement of the vehicle or refund of the purchase price with 18% interest along with compensation of Rs.50,000/-.<br /> <br /> 6. In the affidavit filed by complainant on 06-8-2008 he has affirmed that he has sold the vehicle. Thus at present complainant is neither the owner nor the user of the vehicle. As per the definition of 'consumer', the complainant should inevitably be the original purchaser or the beneficiary of the goods. On sale of the vehicle, complainant has lost all his interest upon the vehicle. Having ceased to be the owner and user of the vehicle complainant has also lost his locus standii to proceed with this complaint. He is no more a consumer and complainant is therefore not entitled to any of the reliefs claimed in the complaint.<br /> <br /> 7. In the result, we dismiss the complaint. We make no order as to costs.<br /> <br /> Dated this 13th day of November, 2008.<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> MOHAMMED MUSTAFA KOOTHRADAN, <br /> MEMBER E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A16<br /> Ext.A1 : Letter dated, 15-4-04 sent by 1st opposite party to complainant.<br /> Ext.A2 : Letter dated, 15-7-04 sent by C. Dilip Raj, Engineer, Field Service <br /> Engineering Dept. For Bridgestone India Pvt. Ltd. to complainant.<br /> Ext.A3 : Letter dated, 26-4-04 sent by 1st opposite party to complainant.<br /> Ext.A4 : Invoice for Rs.1,444/- dated, 12-6-04 received from 1st opposite party <br /> to complainant.<br /> Ext.A5 : Cash Invoice dated, 12-6-04 received from 1st opposite party <br /> to complainant.<br /> Ext.A6 : Invoice for Rs.4,414/- dated, 26-7-04 received from 1st opposite party <br /> to complainant.<br /> Ext.A7 : Cash Invoice dated, 26-7-04 received from 1st opposite party <br /> to complainant.<br /> Ext.A8 : Measurements dated, 26-7-04 received from 1st opposite party <br /> to complainant.<br /> Ext.A9 : Letter dated, 29-7-04 sent by 1st opposite party to complainant.<br /> Ext.A10 : Claim Advice Letter dated, 05-7-04 received from for Bridgestone <br /> India Pvt. Ltd. to complainant.<br /> Ext.A11 : Measurements dated, 19-8-04 received from 1st opposite party to complainant.<br /> Ext.A12 : Repair Order dated, nil received from 1st opposite party to complainant.<br /> Ext.A13 : Cash Invoice dated, 19-8-04 received from 1st opposite party to complainant.<br /> Ext.A14 : Cash Invoice dated, 19-8-04 received from 1st opposite party to complainant<br /> Ext.A15 : Quality Control Report dated, 19-8-04 from 1st opposite party to complainant.<br /> Ext.A16 : Measurements dated, 06-12-04 received from 1st opposite party to complainant.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 to B3<br /> Ext.B1 : Repair Order dated, 07-02-2004 received from complainant to 1st opposite party.<br /> Ext.B2 : Letter with inspection report dated, 15-7-04 sent by C. Dilip Raj, Engineer, <br /> Field Service Engineering Dept. For Bridgestone India Pvt. Ltd. to complainant.<br /> Ext.B3 : Repair Order dated, 24-4-2004 received from complainant to 1st opposite party.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> MOHAMMED MUSTAFA KOOTHRADAN, <br /> MEMBER E. AYISHAKUTTY, MEMBER<br />