C.P. MOOSA Vs. CHOWGLE INDUSTRIES LTD. & ANR.

JUDGEMENT

(1.) This appeal is filed by Mr. C.P. Moosa, the present appellant against M/s. Chowgle Industries Ltd. & Anr., the respondents, aggrieved by the order of the State Commission, Kerala dated 2.8.1994 in Complaint No. 213/92. The brief facts of the case are :

(2.) It is argued further that the appellant was satisfied with the services rendered by the respondent during warranty period and the very fact they entered into annual maintenance contract clearly proves their confidence and satisfaction regarding the after sales services provided to them, if otherwise he would have not entered into further contract with the respondents. He denied the allegation by the appellant that the annual maintenance contract was entered into by the appellant not only with the hope that things would be set right as claimed by the appellant, but because he was satisfied with the services rendered to him.

(3.) It is also submitted that the appellant's cheque was dishonoured initially after presenting but did not press the point as finally necessary payments were received by them before the complaint was lodged. The respondent mainly argued on the point of maintainability of this appeal on the point that the appellant is not a consumer and produced appellant's Balance Sheet for the rest three years, partnership deed for the purpose and nature of business and also the scale of business. It was further stated that the profit and loss account shows collection under various heads where telephone charges are also included and the purchase of EPABX System was purchased in fact purely to increase/enhance appellant's business prospects. Since the appellant claimed damages caused to the goodwill and reputation of the hotel on the basis of grievance that efficient activity carried on by the Company..., the settled legal position that even where the goods were purchased for commercial purpose, if there is a warranty, as in this case, for its maintenance the purchaser becomes a consumer in respect of the services rendered or to be rendered by the manufacturer or supplier during the warranty period. We uphold that the complainant is a consumer within the meaning of Sec. 2(1)(d)(i) as well as 2(1)(d)(ii) of the Act.