Consumer
Querist :
Anonymous
(Querist) 28 March 2010
This query is : Resolved
I bought a Rs 40 Lac machine from a company. It turns out to be defected. Company is not replacing it. WHat is the best remedy available to me?
Should a legal notice be served upon him, if yes then mention the content of legal notice.
Should I directly go to state commission?
Should I file an F.I.R under 420 IPC?
Plz reply urgent.
A V Vishal
(Expert) 29 March 2010
File a consumer complaint after serving legal notice.
J. P. Shah
(Expert) 29 March 2010
If you have purchased machine for commercial purpose, I think consumer commission will not be correct forum for adjudication. You should move civil court.
Ashok Yadav
(Expert) 29 March 2010
You should contact a local lawyer, he can guide you in better way depending upon the type of usage of the machine by you.
Querist :
Anonymous
(Querist) 29 March 2010
If it is being used for commercial purpose then shouln't I approach consumer court??????????????
Querist :
Anonymous
(Querist) 29 March 2010
I mean to say machine was being used for business purpose i.e manufacturing.
Raj Kumar Makkad
(Expert) 29 March 2010
If machine was used for manufacturing purpose then you are not a consumer as per provisions of CP Act and cannot approach consumer forum. file civil suit.
Parveen Kr. Aggarwal
(Expert) 30 March 2010
Section 2(1)(d) of the Consumer Protection Act, 1986 defines a consumer who purchased goods,as:
"consumer" means any person who—
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(b) .......
Explanation.— For the purposes of this clause, 'commercial purpose' does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment"
So, if your case comes within the ambit of purchase of goods for commercial purpose in the aforesaid terms, you cannot avail the remedy of Consumer Fora and you will have to institute a civil suit. However, you may launch criminal prosecution if the ingredients of the offence of cheating exist.
Kumar Thadhani
(Expert) 01 April 2010
I agree with expert Mr. Parveen.
