SAJAN TELEMATICS PVT LTD Vs. PANCHVATI MOTORS PVT LTD

JUDGEMENT

(1.) M/s. Sajan Telematics Pvt. Ltd. , the complainant allegedly purchased one Maruti Esteem from M/s. Panchvati Motors Pvt. Ltd. respondent No.1 on 20.6.1997. It has further been alleged that in the first week of July, 1997 water started dripping from the windscreen. The painted portion started fainting and all these defects multiplied in July, 1997 in the rainy season. A loss of Rs.4,48,980/- has been specified and a further sum of Rs.2 lacs has been claimed on account of mental torture. In all there is a claim of Rs.6,58,980/-.

(2.) In reply the Panchvati Motors Pvt. Ltd. , respondent No.1 has averred that the motor car in question was purchased by Escorts Finance Ltd. and the complainant was the hirer qua the aforesaid purchaser as described in Invoice Annexure R-l/1. The complaint has not been instituted by the purchaser who received the delivery of the motor car in question and the complaint was liable to be dismissed. It has further been averred that the motor car was used for commercial purpose and the complainant is not a consumer. The other pleas have also been denied.

(3.) A perusal of the invoice Annexure C-3 clearly shows that the motor car was sold to Escorts Finance Ltd. and not to Sajan Telematics Pvt. Ltd. The complainant has been shown as hirer in the invoice. This is a case where the purchaser has not come forward and is not complainant.