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defecdtive machine

G. ARAVINTHAN ,
  22 July 2010       Share Bookmark

Court :
National Consumer Commission
Brief :
Jai Industries vs N. Babhraiah Acharya And Ors
Citation :
I (2008) CPJ 326 NC

 

D.P. Wadhwa, (President)

1. This petition is by the opposite party No. 4 Jai Industries against the order of the Karnataka State Consumer Disputes Redressal Commission dismissing the appeal on affirming the order of the District Forum. Complainant is the first respondent before us. He took a loan of Rs. 50,000/- from the Karnataka State Financial Corporation-opposite party No. 2 for the purchase of the machine manufactured by the petitioner. Purchase was through the first opposite party namely Lakshmi Sales Corporation. In fact State Commission had dismissed the appeal of the petitioner as barred by limitation. Seller Lakshmi Sales Corporation had also filed appeal against the order of the District Forum which by common order on merit was dismissed and it was held that both the seller and the manufacturer were liable to refund the amount of the price of the machine with interest and also liable to pay compensation and costs. Lakshmi Sales Corporation-seller has not chosen to file any petition challenging the order of the State Commission. There is concurrent finding that the machine sold was defective causing great deal of loss and harassment to the complainant. We do not find it a fit case to exercise our jurisdiction under Clause (b) of Section 21 of the Consumer Protection act, 1986. This revision petition is dismissed.

 
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Published in Corporate Law
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