PHAROS SOLUTIONS PVT. LTD Vs. TATA MOTORS LTD

JUDGEMENT

(1.) The whole controversy centers around the question of maintainability of this complaint, i.e., "Whether, the Pharos Solutions Private Ltd., is a 'consumer', under Section 2(1)(d) (i) and (ii) with the Explanation, appended to it, of the Consumer Protection Act, 1986?, with explanation appended to it.

(2.) Pharos Solutions Pvt. Ltd., the complainant, purchased a premium segment car for its principal Legal Director, namely, Rajeshwar Tyagi, Advocate. They purchased a Range Rover Evoque car, manufactured in the year 2013. The OPs, namely Tata Motors Ltd., OP1, JLR India, proprietorship of Tata Motors Ltd, OP2 and AMP Motors P. Ltd. , OP3, tendered a Proforma Invoice for complainant to avail financial facility. On 19.04.2013, the car was delivered to the complainant with the year of manufacture. 19.04.2013, being a holiday due to SriRamnavmi, a temporary registration No., assuring regular registration, subsequently, was handed over to the complainant. The car was delivered with the Sale Invoice, insurance cover and copy of Trade Registration Certificate, copies of which have been placed on record as Annexures P-3 to P5. The car was got registered in 2013 and the complainant got the RC during the end of January, 2014.

(3.) The car insurance was to be renewed. It came to light that the car was manufactured in the year 2012 and not in the year 2013. The complainant protested orally but the OPs avoided the same. Consequently, a protest in writing was lodged by the complainant, vide its email, on 25.03.2014. It is alleged that the OPs had deliberately lied and misled the complainant by giving pricing of a wrong vehicle when, in fact, the OPs intended it otherwise to pass an older and inferior car so as to dupe and defraud the complainant.