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Hitachi Home & Life Solutions (India) Ltd. & Another v/s Gomabai Netralaya, Neemuch Through Trusty, Vimal Goyal & Others


Company & Directors' Information:- HITACHI INDIA PRIVATE LIMITED [Active] CIN = U52190DL1997PTC085419

Company & Directors' Information:- E 2 E SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200DL2000PTC107313

Company & Directors' Information:- HITACHI SOLUTIONS INDIA PRIVATE LIMITED [Active] CIN = U72200PN2001PTC016412

Company & Directors' Information:- HITACHI SOLUTIONS INDIA PRIVATE LIMITED [Active] CIN = U72200TN2001PTC122050

Company & Directors' Information:- HITACHI SOLUTIONS INDIA PRIVATE LIMITED [Amalgamated] CIN = U74999TN2013FTC091536

Company & Directors' Information:- E-SOLUTIONS PRIVATE LIMITED [Active] CIN = U30007TN1999PTC043325

Company & Directors' Information:- HITACHI INDIA PRIVATE LIMITED [Amalgamated] CIN = U51909DL1997PTC084855

Company & Directors' Information:- D S R SOLUTIONS LIMITED [Active] CIN = U72200TG1999PLC032008

Company & Directors' Information:- J. K. SOLUTIONS PRIVATE LIMITED [Active] CIN = U74999MH2014PTC257168

Company & Directors' Information:- GOYAL CORPORATION PRIVATE LIMITED [Active] CIN = U17119MH2006PTC166933

Company & Directors' Information:- V A SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200TG2006PTC049266

Company & Directors' Information:- D P SOLUTIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U22221DL2000PTC107837

Company & Directors' Information:- GOYAL INDIA PRIVATE LIMITED [Amalgamated] CIN = U18101DL1996PTC081276

Company & Directors' Information:- I. S. SOLUTIONS PRIVATE LIMITED [Active] CIN = U30007TG1997PTC028047

Company & Directors' Information:- L T SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC033248

Company & Directors' Information:- I D HOME SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74999HR2006PTC038343

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- A S SOLUTIONS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC202208

Company & Directors' Information:- I S P SOLUTIONS INDIA PRIVATE LIMITED [Active] CIN = U72200TZ2001PTC009755

Company & Directors' Information:- S P E-SOLUTIONS PRIVATE LIMITED [Active] CIN = U72300DL2006PTC155569

Company & Directors' Information:- H D SOLUTIONS PRIVATE LIMITED [Active] CIN = U72900DL2009PTC194392

Company & Directors' Information:- N AND S SOLUTIONS PRIVATE LIMITED [Active] CIN = U74210KA1999PTC025555

Company & Directors' Information:- U-TO SOLUTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U72100MH2000PTC130052

Company & Directors' Information:- O AND M SOLUTIONS PRIVATE LIMITED [Active] CIN = U74210OR2005PTC008166

Company & Directors' Information:- S P SOLUTIONS PRIVATE LIMITED [Amalgamated] CIN = U72200DL2011PTC213318

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- I T SOLUTIONS INDIA PRIVATE LIMITED [Active] CIN = U72200DL1996PTC076426

Company & Directors' Information:- K B SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74140PB2011PTC035055

Company & Directors' Information:- H A SOLUTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U72900DL2000PTC104116

Company & Directors' Information:- S GOYAL AND COMPANY PRIVATE LIMITED [Active] CIN = U51109DL2000PTC105851

Company & Directors' Information:- C AND C SOLUTIONS (INDIA) LIMITED [Strike Off] CIN = U93000PY1995PLC001144

Company & Directors' Information:- T S SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200UP2000PTC025406

Company & Directors' Information:- L. N. GOYAL & CO PRIVATE LIMITED [Active] CIN = U70101RJ2013PTC043272

Company & Directors' Information:- R R SOLUTIONS PRIVATE LIMITED [Active] CIN = U45309BR2008PTC013387

Company & Directors' Information:- B A SOLUTIONS INDIA PRIVATE LIMITED [Active] CIN = U74999DL2006PTC155492

Company & Directors' Information:- VIMAL INDIA PRIVATE LIMITED [Strike Off] CIN = U24231DL1999PTC099648

Company & Directors' Information:- V S HOME SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U26921DL2008PTC186088

Company & Directors' Information:- C A AND S SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200AP2000PTC034546

Company & Directors' Information:- R A SOLUTIONS PRIVATE LIMITED [Active] CIN = U51101MH2013PTC249132

Company & Directors' Information:- I SOLUTIONS(INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900TN2004PTC052692

Company & Directors' Information:- A & M HOME SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74999WB2004PTC098539

Company & Directors' Information:- S G SOLUTIONS PRIVATE LIMITED [Active] CIN = U74999BR2008PTC013392

Company & Directors' Information:- V N SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC195421

Company & Directors' Information:- R. K. SOLUTIONS PRIVATE LIMITED [Active] CIN = U74140DL2007PTC161367

Company & Directors' Information:- S R SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200HR2000PTC055629

Company & Directors' Information:- B E SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200KA2005PTC037127

Company & Directors' Information:- G N SOLUTIONS PRIVATE LIMITED [Active] CIN = U65993PN2008PTC132031

Company & Directors' Information:- SOLUTIONS @ PANORAMA TRAVEL PRIVATE LIMITED [Strike Off] CIN = U63040MH2010PTC199347

Company & Directors' Information:- A.N.D SOLUTIONS PRIVATE LIMITED [Active] CIN = U74999MH2013PTC244625

Company & Directors' Information:- V & M SOLUTIONS PRIVATE LIMITED [Active] CIN = U74999PN2014PTC150848

Company & Directors' Information:- S A E-SOLUTIONS PRIVATE LIMITED [Active] CIN = U72200WB2012PTC181964

Company & Directors' Information:- O S SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U93000JK2012PTC003733

Company & Directors' Information:- B AND P SOLUTIONS PRIVATE LIMITED [Active] CIN = U24100CH2015PTC035482

Company & Directors' Information:- A T SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72900CH2009PTC031621

Company & Directors' Information:- R AND D SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U52392CH2010PTC032232

Company & Directors' Information:- G S L SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72300DL2007PTC164747

Company & Directors' Information:- F K SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72900DL2008PTC186101

Company & Directors' Information:- HOME SOLUTIONS (D) PRIVATE LIMITED [Active] CIN = U45400DL2016PTC289402

Company & Directors' Information:- B. R. SOLUTIONS PRIVATE LIMITED [Active] CIN = U74140DL2002PTC116699

Company & Directors' Information:- A N S SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74140DL2012PTC245060

Company & Directors' Information:- S & T SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74140DL2013PTC247089

Company & Directors' Information:- M A SOLUTIONS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC265618

Company & Directors' Information:- S A N SOLUTIONS PRIVATE LIMITED [Active] CIN = U74999DL2002PTC117534

Company & Directors' Information:- I G SOLUTIONS PRIVATE LIMITED [Active] CIN = U70109DL2012PTC244223

Company & Directors' Information:- H R SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC073143

Company & Directors' Information:- A 2 Z SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109658

Company & Directors' Information:- A P D SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74900DL2013PTC249969

Company & Directors' Information:- V R A A P SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74950DL2014PTC271337

Company & Directors' Information:- V SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72200KA2010PTC052832

Company & Directors' Information:- N R L SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72900KA2013PTC069148

Company & Directors' Information:- S V SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2007PTC051390

Company & Directors' Information:- A & A SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72200PN2008PTC131887

Company & Directors' Information:- T N B SOLUTIONS PRIVATE LIMITED [Active] CIN = U72900MH2007GAT171606

Company & Directors' Information:- H F SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72300DL2007PTC168577

Company & Directors' Information:- K V M SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72900DL2008PTC180136

Company & Directors' Information:- T & T SOLUTIONS PRIVATE LIMITED [Strike Off] CIN = U72900GJ2007PTC051103

    First Appeal No. 2357 of 2014

    Decided On, 17 October 2018

    At, Madya Pradesh State Consumer Disputes Redressal Commission Bhopal

    By, THE HONOURABLE MR. JUSTICE S.D. AGARWAL
    By, PRESIDING MEMBER & THE HONOURABLE DR. (MRS.) MONIKA MALIK
    By, MEMBER

    For the Appellants: J.P. Malviya, Learned Counsel. For the Respondents: R1, Kalpana Verma, Learned Counsel.



Judgment Text

S.D. Agarwal, Presiding Member

1. This appeal is preferred by the opposite party no. 2 & 3/appellants under Section 15 of the Consumer Protection Act, 1986 being aggrieved by the order dated 22.06.2013 passed by the District Consumer Disputes Redressal Forum, Neemuch in CC No. 80/2011 by which the complaint filed by the complainant/respondent no.1 has been allowed and the opposite party no.2/ appellant no.1 has been ordered to make payment of Rs.1,64,000/- along with interest and compensation of Rs.34,000/- towards financial loss and mental agony caused and Rs.10,000/- as costs of the proceedings.

2. Brief facts of the case as narrated by the complainant/respondent no.1 in the complaint before the Forum are that the complainant Gomabai Netralaya had purchased 4 split AC from the seller, the opposite party no.1/respondent no.2. Payment of Rs.1,64,000/- was made through opposite party no.4/respondent no.3. Since the installation of the ACs, troubles started and water started leaking out from the said ACs. On complaint being made by the complainant to the opposite parties, mechanics were sent. The defect found in the ACs was 'Controller PCV'. After servicing, remarks were made 'Water wash servicing done'. According to complainant, despite several complaints defects in the AC were not removed. On being aggrieved with the deficiency in service in repairing the ACs, the complaint was filed before the District Forum.

3. The opposite party no.1 and 4/respondent no.2 & 3, filed their written statement. The opposite party no.2 & 3/appellants remained absent before the Forum. In the reply filed by the opposite party no.1 & 4 it is submitted that if there is any manufacturing defect in the said ACs, the manufacturer be contacted and the manufacturer is responsible for the same. It is also submitted by the opposite party no.4 that he intimated the rest of the opposite parties regarding problems in the ACs from time to time.

4. The District Forum after considering the pleadings made by the counsels for parties and appreciating evidence on record, observed that there was manufacturing defect in the ACs supplied to the complainant and despite repeated complaints neither problem was removed nor ACs were replaced. The District Forum therefore allowed the complaint and directed the opposite party no.2 the manufacturer to refund price of ACs Rs.1,64,000/- with interest along with compensation and costs.

5. Being aggrieved by the impugned order, the opposite party no.2 and 3 have filed this appeal stating that there was no manufacturing defect in the ACs supplied to the complainant and the ACs were purchased for commercial purpose and since the complainant did not purchase the ACs for domestic or personal use, the complainant is not a consumer and the District Forum has erred in allowing the complaint. It is reiterated in this appeal that the appellants are the manufactures of ACs, who sold the ACs through their agents. Due service was also provided, which can be verified from the job service reports. The appellants have also reiterated that the defects were removed from time to time, therefore, their appeal be allowed and the order of the District Forum be set-aside.

6. Heard learned counsel for appellants and respondent no.1. None appeared for respondent no.2 and 3. Perused the record.

7. Learned counsel for appellants/opposite party no.2 & 3 argued the matter on the question of admission of complaint before the District Forum and vehemently argued that the complainant is not a consumer, rather it is a trust, as held by the Forum in paragraph 12 of its impugned order. He also cited the decision of the Hon’ble Supreme Court in Pratibha Pratisthan & Ors Vs Manager, Canara Bank & Ors IV (2017) CPJ 7 (SC) wherein, the Hon’ble Supreme Court has held that Trust is not a person, therefore, the complainant is not a consumer. He argued that the complainant being a trust is not competent to file a complaint before the Consumer Forum. He therefore prayed for dismissal of complaint on this ground alone.

8. Learned counsel for respondent argued that the decision of the Hon’ble Supreme Court has come in the year 2017, whereas, the complaint has already been decided in the year 2013.

9. After giving consideration to the arguments advanced by the counsels for parties, we find that the Forum has already held in paragraph 12 of the impugned order and it is clear from the complaint that the complainant is a trust. In view of the law laid down by the Hon’ble Supreme Court in Pratibha Pratisthan the complainant does not include a Trust and trust is not a person under Section 2 (1)(m) of the Act and therefore not a consumer, we conclude that the complainant-Gomabai Netralaya is not a consumer and the complain

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t filed by it, is not maintainable before the Consumer Forum. 10. In the result, the appeal is allowed and the impugned order is set-aside. Consequenly, the complaint filed by the complainant/respondent is also dismissed. However, the complainant shall be at liberty to seek remedy as may be available to them in law and while doing so, they shall be entitled to claim the benefit of Section 14 of the Limitation Act for the purpose of time spent before the District Forum and this Commission. No order as to costs.
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