National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Dr S.M. Kantikar and Dinesh Singh, Members, dismissed a revision petition filed against the order of the State Commission.
The petitioners, in this case, had purchased a car in the name of their company Harmony Colonizers (P) Ltd. from respondent and it suddenly stopped one day after 4 years of its purchase. Thereafter, respondent charged a sum of Rs 3,95,190 as repair charges, which were paid by the petitioner under protest. The petitioner then filed a complaint before the District Forum, claiming deficiency of services on the part of respondent and the same was allowed. The State Commission reversed the order of the district forum on the ground that complainants do not fit into the definition of consumer for the purpose of Consumer Protection Act, 1986.
The main issue that arose for consideration was whether the petitioners fall under the definition of consumer for the purpose of Consumer Protection Act, 1986.
The Commission observed that as stated by the State Commission, the petitioner failed to provide cogent evidence to prove that the car was purchased for their personal use. It further observed that in order to interfere with State Commission’s order there must be a jurisdictional error, or grave error in appreciating the evidence, or ignorance of a legal or miscarriage of justice. None of the elements were present in the instant case.
The Commission held that the petitioners were not consumers under the Act and were attempting to misuse the statutory processes provided for better protection of the interest of consumers to obtain wrong gains and to create ‘nuisance value’ qua the respondents. It was further held that the petition filed was frivolous and vexatious and hence it was dismissed with costs of Rs 25,000 imposed on petitioners for filing a frivolous petition.[Suresh Singla v. Jaycee Automobiles (P) Ltd.,2018 SCC OnLine NCDRC 375, order dated 23-08-2018]