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Libra Constructions & Finance Limited v/s M/s. Act India & Another

Company & Directors' Information:- ACT INDIA LIMITED [Dissolved] CIN = L99999TN1986PLC013555

Company & Directors' Information:- INDIA FINANCE LTD. [Active] CIN = L65110WB1984PLC050214

Company & Directors' Information:- A C T INDIA LTD [Dissolved] CIN = U99999TN1973PLC006453

Company & Directors' Information:- LIBRA FINANCE LIMITED [Active] CIN = U65921DL1981PLC050300

Company & Directors' Information:- LIBRA CONSTRUCTIONS & FINANCE LIMITED [Active] CIN = U65191TN1997PLC039571

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

Company & Directors' Information:- ACT FINANCE LTD [Active] CIN = U65999WB1983PLC036274

Company & Directors' Information:- M CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC148776

Company & Directors' Information:- LIBRA CONSTRUCTIONS AND FINANCE LTD. [Strike Off] CIN = U45400WB1983PLC036131

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

Company & Directors' Information:- I FINANCE COMPANY LIMITED [Active] CIN = U67110DL2011PLC212268

Company & Directors' Information:- CONSTRUCTIONS CO OF INDIA PRIVATE LIMITED [Strike Off] CIN = U29248UP1946PTC001471

Company & Directors' Information:- LIBRA INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909DL1996PTC082555

Company & Directors' Information:- S. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70101MH2003PTC139538

Company & Directors' Information:- LIBRA FINANCE PVT LTD [Strike Off] CIN = U65921PB1981PTC004521

Company & Directors' Information:- L & I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201UR2006PTC032334

Company & Directors' Information:- A.T. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201UP1990PTC011951

Company & Directors' Information:- I. N. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003931

    O.P.No. 232 of 1999

    Decided On, 08 May 2000

    At, Tamil Nadu State Consumer Disputes Redressal Commission Chennai

    By, MEMBER

    For the Complainant: Anita Sumanth, Advocate. For the Opposite Parties: None.

Judgment Text

M.S. Janarthanam, President

1. This action came up for admission before us today [8.5.2000]. We heard learned Counsel Mr. S.M.S. Devadoss representing Ms. Anita Sumanth, appearing for the complainant and also perused the averments made in the complaint as well as the other documents filed alongwith the complaint. The complainant is one M/s. Libra Constructions and Finance Limited. The opposite parties are; (1) M/s. ACT India, MGM Centre, 78, C.P. Ramasamy Road, Chennai-18, and (2) M/s. General Motors India, Chennai Zonal Office, G-2, 16, Sarangapani Street, T. Nagar, Chennai-17.

2. The 1st opposite party, it is said, is the dealer of the 2nd opposite party manufacturer of motor vehicles.

3. The complainant-finance company, it is said, purchased an Opel Astra car from the 1st opposite party for Rs. 7,97,866/- on 27.8.1997. The complainant would allege that there were defects in the said car purchased right from the inception of purchase. The warranty period, it appears, for the said car is for a period of one year from the date of purchase. The car was given for second service to the opposite parties on 25.11.1998 long subsequent to the expiry of the warranty period.

4. From the perusal of the materials placed on record, we are of the view that the complainant-finance company is a concern and the car had been purchased for commercial purpose. Even if the said car had been purchased for commercial purpose, if there is any deficiency in service on the part of the opposite parties during the warranty period, definitely the complainant-finance company must have to be construed as a consumer qua the opposite parties falling with the four corners of the definition of the term 'consumer' as defined under Section 2(1)(d)(ii) of the Consumer Protection Act, 1986 [for short, 'the Act']. The warranty period had expired on the showing of the complainant-finance company itself. We are of the view that the complainant in such a situation cannot at all be construed

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as a consumer falling under the definition of Section 2(1)(d)(ii) of the Act qua the opposite parties. 5. For the reasons as above, the complaint is rejected in limine. Complaint rejected in limine.