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M/s. Wasan Automobiles Ltd. & Another v/s Purshottam Tejwani & Another


Company & Directors' Information:- N E C C AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043600

Company & Directors' Information:- C M AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300CH2005PTC028233

Company & Directors' Information:- J P M AUTOMOBILES LIMITED [Active] CIN = U74899DL1995PLC068910

Company & Directors' Information:- K N AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404OR2013PTC016730

Company & Directors' Information:- J AND K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401JK2004PTC002447

Company & Directors' Information:- K. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2009PTC028204

Company & Directors' Information:- K N R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300WB2006PTC111199

Company & Directors' Information:- K P AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404JH2012PTC000824

Company & Directors' Information:- Y J AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401MP2013PTC031920

Company & Directors' Information:- N S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102MH2012PTC226814

Company & Directors' Information:- S K S AUTOMOBILES INDIA PRIVATE LIMITED [Strike Off] CIN = U50100TZ2009PTC014979

Company & Directors' Information:- J D AUTOMOBILES PVT. LTD. [Strike Off] CIN = U34300WB1987PTC042066

Company & Directors' Information:- B K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200AP2009PTC064484

Company & Directors' Information:- N. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102GJ2006PTC049307

Company & Directors' Information:- G M S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50101DL1997PTC089284

Company & Directors' Information:- N U AUTOMOBILES PVT LTD [Active] CIN = U74899DL1982PTC013126

Company & Directors' Information:- D K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U29246CH1989PTC009607

Company & Directors' Information:- K Y AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400JK2021PTC012549

Company & Directors' Information:- A K AUTOMOBILES LIMITED [Amalgamated] CIN = U34100WB1984PLC038001

Company & Directors' Information:- A AND S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U51103DL1997PTC085147

Company & Directors' Information:- M. H. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200HP2015PTC000946

Company & Directors' Information:- R. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071719

Company & Directors' Information:- R. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50100BR2020PTC047409

Company & Directors' Information:- M R AUTOMOBILES (INDIA) PRIVATE LIMITED [Active] CIN = U34300DL1998PTC094488

Company & Directors' Information:- V. M. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U35911UP1995PTC018136

Company & Directors' Information:- P D AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400RJ2021PTC074633

Company & Directors' Information:- A R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50404PY2011PTC002555

Company & Directors' Information:- K P V AUTOMOBILES PVT LTD [Active] CIN = U50300KL1991PTC006035

Company & Directors' Information:- J B S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101OR2005PTC008397

Company & Directors' Information:- S. N. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50500WB2018PTC224868

Company & Directors' Information:- M P AUTOMOBILES PVT LTD [Strike Off] CIN = U50404MP1957PTC000842

Company & Directors' Information:- G. E. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400DL2018PTC341171

Company & Directors' Information:- P K AUTOMOBILES PVT LTD [Strike Off] CIN = U50300UP1979PTC004841

Company & Directors' Information:- P L AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2014PTC046516

Company & Directors' Information:- S G K R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U60210TN1960PTC004283

Company & Directors' Information:- N R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50400MH2014PTC255882

Company & Directors' Information:- S. N. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400MH2017PTC299238

Company & Directors' Information:- M R K AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50102UP2011PTC045868

Company & Directors' Information:- I B AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U29253DL2008PTC172205

Company & Directors' Information:- T K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC017940

Company & Directors' Information:- V R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U34200DL2007PTC170076

Company & Directors' Information:- K T AUTOMOBILES PVT LTD [Strike Off] CIN = U99999UP1959PTC002730

Company & Directors' Information:- M B AUTOMOBILES PVT LTD [Strike Off] CIN = U35923WB1966PTC026743

Company & Directors' Information:- B M AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50200DL2007PTC162611

Company & Directors' Information:- H A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34102DL2007PTC163030

Company & Directors' Information:- P A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101DL2007PTC161483

Company & Directors' Information:- K G AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34200DL2007PTC162859

Company & Directors' Information:- P R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34201DL2007PTC161053

Company & Directors' Information:- PURSHOTTAM AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74999RJ2018PTC062673

Company & Directors' Information:- AUTOMOBILES PVT. LTD. [Strike Off] CIN = U99999DL2000PTC000916

    First Appeal Nos. A/2200 & 2236 of 99

    Decided On, 07 May 2015

    At, Maharashtra State Consumer Disputes Redressal Commission Mumbai

    By, THE HONOURABLE MR. SHASHIKANT A. KULKARNI
    By, PRESIDING JUDICIAL MEMBER & THE HONOURABLE MR. DHANRAJ KHAMATKAR
    By, MEMBER

    For the Appellants: K.B. Chandwadkar, Ashutosh Marathe, Advocates. For the Respondents: Meshram, Advocate.



Judgment Text

Shashikant A. Kulkarni, Presiding Judicial Member

[1] These appeals are under Sec.15 of the Consumer Protection Act, 1986 [hereinafter to be referred to as ‘CP Act’].

[2] Both these appeals may be disposed off by a common order. Both the opponents in the trial forum preferred appeals separately against a single judgement. The impugned judgment appealed is rendered by Mumbai Suburban District Forum in Consumer complaint no.87/98 on 10/09/1999.

[3] Original complainant is one of the respondents. Trial forum decided the complaint in his favour to grant Rs.40,000/- as price of the Air Conditionerfitted in the vehicle purchased by him.

[4] Reference herein to the respondent/original complainant be made as complainant for brevity and to appellant/original opponents as Mahindra & Mahindra Ltd. and Wasan Automobiles.

[5] Mahindra & Mahindra Ltd. is a manufacturing company whereas Wasan Automobiles is a dealer. Thus, complainant wanted to purchase Armada Jeep [hereinafter to be referred to as vehicle] from Wasan Automobiles. According to the complainant, he booked the same with Air Conditioner company fitted in whereas such vehicle having been not manufactured by Mahindra & Mahindra Ltd., Wasan Automobiles suggested and complainant allegedly accepted the vehicle AC be fitted from outside agency. Entire price of the vehicle was paid whereas separate price for Air conditioner was also paid. In due course of time, Air Conditioner found defective. Complainant alleged deficiency in service and claimed compensation from both the opponents.

[6] Opponent Mahindra & Mahindra Ltd. took a stand and denied its liability that there is not privity of contract. He is not jointly or severally responsible to make any alleged loss good. The complainant should have proceeded against the Wasan Automobiles alone when he fitted Air Conditioner has purchased from market in vehicle. Whereas Wasan Automobiles took a stand that consumer complaint is not maintainable. There was no deficiency on its part. Complainant voluntarily accepted Air Conditioner to be fitted in the vehicle after its delivery. The learned District Forum heard and decided the issue as aforesaid.

We have heard learned advocate Mr.Ashutosh Marathe for Mahindra & Mahindra Ltd., learned advocate Mr.K.B.Chandwadkar for Wasan Automobiles and learned advocate Mr.Meshram for the respondent/complainant. Mr.Meshram submitted that the authority of Hon.National Commission relied on by the appellants is distinguishable on facts.

During the course of arguments, it is brought to our notice that the complainant sold the vehicle in the year 2006. It is unfortunate that the appeals remained pending for years together. It was taken out from the sine-die list for hearing and disposal. Parties were noticed, they appeared and therefore appeals are heard.

[7] During the course of arguments, it is brought to our notice that the learned trial forum has proceeded on assumption that the manufacturer Mahindra & Mahindra Ltd. holds equal responsibility for deficiency in service for providing defective Air Conditioner fitted in vehicle purchased from open market. In fact, Mahindra & Mahindra Ltd. supports complainant’s statement that it may be defect and deficiency of the dealer i.e.Wasan Automobiles.

Apart from that, when the vehicle was sold in the year 2006 when the appeals were pending, in view of the ratio of the judgment relied on by the appellants the complainant ceases to be ‘consumer’ with the meaning of the CP Act and cannot maintain his claim anymore.

We have given thoughtful consideration about pendency of appeals for longer period. Period is of 15 years normally, for the vehicle to remain on the road after its registration. 1996-2011, during this complete 15 years period even, complainant did not possess the vehicle as owner. In the meanwhile i.e.in the year 2006, he sold the vehicle. Thereby, right of ownership of the vehicle had been transferred in favour of the transferee. Transferee is not made party to the complaint. We are not aware whether the price of the Air Conditioner has been recovered from the transferee or otherwise. There cannot be any parameters to decide whether the complainant was benefited by sale or otherwise. But the fact remains that during the course of valid registration of 15 years, the complainant sold out the vehicle to third person, therefore, he ceases to be consumer.

[8] Even otherwise since complainant is not in possession of the vehicle, now the complainant cannot comply the learned trial forum’s order to return the air conditioner removing from the vehicle.

[9] We are therefore in agreement of the arguments of Mr.Ashutosh Marathe-advocate for Mahindra & Mahindra Ltd. that there is no privity of contract between the complainant and Mahindra & Mahindra Ltd. nor the vehicle sold was having company fitted air conditioner.

In support of proposition that the complainant ceases to be ‘consumer’ if he sells out the vehicle during the pendancy of the complaint or appeal, reliance is placed on the judgement delivered by the Hon’ble National Commission in Revision Petition No2622/2012, M/s.Honda Cars India Ltd. vs. 1.Jatinder Singh Madan and ors.

[10] Though the facts of the case decided by the Hon.Nation

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al Commission are different, ratio applies to the present case. In view of this and reasons recorded above, we are inclined to allow the appeals. Hence, the order. ORDER 1. Both Appeals No.A/99/2200 and A/99/2236 are allowed. Impugned order is set aside and replaced as below :- Consumer complaint no.87/98 stands dismissed. No order as to costs. 2. One set of each appeal compilation be retained. Rest be returned to the appellant forthwith. 3. Certified copies of the order be furnished to the parties forthwith.
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