w w w . L a w y e r S e r v i c e s . i n



Pandian Paper Products v/s Integrated Management Services & Another


Company & Directors' Information:- THE PAPER PRODUCTS LIMITED [Not available for efiling] CIN = U21012DL1950PLC001798

Company & Directors' Information:- I P INTEGRATED SERVICES PRIVATE LIMITED [Active] CIN = U63040HR2011PTC065810

Company & Directors' Information:- C D INTEGRATED SERVICES LIMITED [Active] CIN = U51909GJ1999PLC037069

Company & Directors' Information:- G K MANAGEMENT SERVICES (INDIA) LIMITED [Active] CIN = U74140TZ1999PLC009001

Company & Directors' Information:- A G S MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U45208TG2011PTC077420

Company & Directors' Information:- A H MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2010PTC206683

Company & Directors' Information:- B J MANAGEMENT SERVICES LIMITED [Amalgamated] CIN = U74140WB2004PLC100864

Company & Directors' Information:- D D PAPER PRODUCTS LIMITED [Active] CIN = U21098UP2010PLC043023

Company & Directors' Information:- M K MANAGEMENT SERVICES PRIVATE LTD [Converted to LLP] CIN = U74899DL1987PTC029774

Company & Directors' Information:- P. C. I. MANAGEMENT SERVICES LIMITED [Active] CIN = U67100MH2002PLC137588

Company & Directors' Information:- R. K. PAPER PRODUCTS PRIVATE LIMITED [Active] CIN = U21098MH2015PTC261878

Company & Directors' Information:- C S MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140KA2004PTC035231

Company & Directors' Information:- INTEGRATED PRODUCTS PRIVATE LIMITED [Active] CIN = U24248AS2001PTC006693

Company & Directors' Information:- E C H C MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74910TN2005PTC056137

Company & Directors' Information:- V D S MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2008PTC174841

Company & Directors' Information:- M AND N PRODUCTS AND SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2015PTC084432

Company & Directors' Information:- M S P R MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140TG2005PTC047415

Company & Directors' Information:- E F Z E D PAPER PRODUCTS PRIVATE LIMITED [Active] CIN = U21019WB1998PTC087967

Company & Directors' Information:- K AND P MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74120MH1988PTC099793

Company & Directors' Information:- H S D MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U65921PB1997PTC015193

Company & Directors' Information:- N P MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U70100MH2003PTC143620

Company & Directors' Information:- U S MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74999WB2011PTC170355

Company & Directors' Information:- INTEGRATED SERVICES PRIVATE LIMITED [Active] CIN = U74140GJ2005PTC047247

Company & Directors' Information:- G. D. M MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74999HR2019PTC078073

Company & Directors' Information:- G G INTEGRATED SERVICES LIMITED [Strike Off] CIN = U74120UP2011PLC045669

Company & Directors' Information:- E E S MANAGEMENT SERVICES PVT LTD [Active] CIN = U74140TG1984PTC005010

Company & Directors' Information:- N G PAPER PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055551

Company & Directors' Information:- I C G MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN2010PTC075877

Company & Directors' Information:- M M MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC195088

Company & Directors' Information:- J & J INTEGRATED SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74999KA2011PTC061528

Company & Directors' Information:- S K A MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1985PTC021722

Company & Directors' Information:- INTEGRATED PAPER SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210TN1985PTC012024

Company & Directors' Information:- D C MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U70101DL1998PTC094035

Company & Directors' Information:- I. Q. MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74120WB2007PTC116624

Company & Directors' Information:- R P MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999WB2008PTC122192

Company & Directors' Information:- L Y D MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900HR2012PTC045158

Company & Directors' Information:- K AND P MANAGEMENT SERVICES PRIVATE LIMITED [Not available for efiling] CIN = U00893KA1988PTC009632

Company & Directors' Information:- K AND P MANAGEMENT SERVICES PRIVATE LIMITED [Not available for efiling] CIN = U99999MH1996PTC099793

Company & Directors' Information:- S. U. MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140RJ2012PTC041109

Company & Directors' Information:- D P M C K MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2002PTC135462

Company & Directors' Information:- T & T MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74120MH2013PTC244507

Company & Directors' Information:- A F MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120MH2014PTC256072

Company & Directors' Information:- V & U MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140TG2011PTC074925

Company & Directors' Information:- Y & D MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TG2014PTC094741

Company & Directors' Information:- INTEGRATED MANAGEMENT SERVICES PVT LTD [Active] CIN = U74140WB1979PTC031835

Company & Directors' Information:- C & A MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2007PTC159565

Company & Directors' Information:- A & Y MANAGEMENT SERVICES PRIVATE LIMITED [Converted to LLP] CIN = U74140DL2007PTC171421

Company & Directors' Information:- K R A MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC233124

Company & Directors' Information:- B G MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2013PTC247942

Company & Directors' Information:- S V PRODUCTS AND SERVICES PRIVATE LIMITED [Strike Off] CIN = U51909DL2012PTC244832

Company & Directors' Information:- R S V MANAGEMENT & SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2010PTC203427

Company & Directors' Information:- L & K MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2010PTC205793

Company & Directors' Information:- M A MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC138121

Company & Directors' Information:- Z. S. MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74910DL2016PTC290957

Company & Directors' Information:- V MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U82320KA2004PTC035168

Company & Directors' Information:- D P B MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140GJ2009PTC057658

Company & Directors' Information:- V D G MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140GJ2013PTC077221

Company & Directors' Information:- G AND G MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140CH1996PTC018896

Company & Directors' Information:- D AND A MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74110MH1995PTC090182

Company & Directors' Information:- P. A. MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140CH2007PTC030834

Company & Directors' Information:- P M MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U99999MH1972PTC015534

Company & Directors' Information:- PAPER PRODUCTS LIMITED [Dissolved] CIN = U99999MH1944PTC004238

Company & Directors' Information:- MANAGEMENT SERVICES PVT LTD [Strike Off] CIN = U99999DL2000PTC904070

    O.P.No. 425 of 1993

    Decided On, 31 January 1994

    At, Tamil Nadu State Consumer Disputes Redressal Commission Chennai

    By, THE HONOURABLE MR. JUSTICE S.A. KADER
    By, PRESIDENT
    By, THE HONOURABLE MR. R.N. MANICKAM
    By, MEMBER & THE HONOURABLE DR. MRS. RAMANI MATHURANAYAGAM
    By, MEMBER

    For the Complainant: M.V. Venkatasesha, Advocate. For the Opposite Parties: Mohan Parasaran, Advocate.



Judgment Text

Ramani Mathuranayagam, Member

1. This is a complaint under Sec. 17 read with Sec. 12 of the Consumer Protection Act.

2. The complaint has been filed by a partnership firm claiming compensation in the sum of Rs. 17,92,450/- for supply of defective machinery. The complainant firm is manufacturer of Mill Board. It purchased machineries from the opposite parties who are sister concerns for Rs.9,20,450/-. The machinery was erected on 9.9.92. Even on the very same day it did notfunction properly. It was intended to produce 3 tones per day. But it gave an output of half to one tone only. The production did not improve even after several months. The mechanics of the opposite parties and the mechanics of one Mother Industries, Dindigul attended on the machinery, but they could not improve the production. The machineries had manufacturing defects, and theproduction cannot be improved due to inherent manufacturing defects. It is the allegation of the complainant that the supply of faulty and defective machinery is a clear case of deficiency in service. The complainant has therefore claimed the value of the machinery and other expenses of compensation for mental pain and agony in all Rs.17,92,450/-.

3. It is contended by the opposite parties that the claim is not maintainable under the Consumer Protection Act as the machineries have been purchased for commercial purpose. The claim is also barred by time. According to the opposite parties the capacity of the machineries and the cylinder mould was to produce only 500 Kg. per shift and not 3 tones. This is purely asale of machineries and no service is involved.

4. Exhs. Al to A13 and Bl to B16 are marked by consent. Proof affidavits are filed. No oral evidence has been let in.

5. The preliminary point as to whether the complainant is a consumer and the complaint is maintainable was heard.

6. The complainant is a partnership firm engaged in the manufacture of Mill Board and for the purpose of this manufacturing industry, they have purchased certain machineries from the opposite parties. It is alleged in the complaint that from the very day of its installation, the machineries did not function properly and didnot give the promised production. It is further alleged that the machineries suffered from inherent manufacturing defects. This is therefore acase of sale by the opposite parties to the complainant of defective machineries. Admittedly these machineries have been purchased for manufacturing Mill Board and therefore the purchase is for commercial purpose. Under Sec. 2(1)(d)(i) of the Consumer Protection Act, a buyer of goods is not a consumer if the goods are purchased for resale or for commercial purpose. It follows that the complainant is not a consumer under Sec. 2(1)(d)(i) of the Consumer Protection Act.

7. It is alleged in the complaint that the supply of faulty and defective machinery is a clear case of deficiency of service and it is therefore contended that the complainant is a consumer under Sec. 2(1)(d)(ii) of the Consumer Protection Act. By no stretch of imagination a sale of defective machinery can be construed to be a deficiency in service. It is a sale pure and simple and no service is involved therein. As pointed out by the National Commission in M/s. Monarch Photocomp & Printers v.M/s. Super Engineering Corporation (1992 (2) CPR 415) that where the machine is purchased for commercial purpose and is found defective, it is not a case of deficiency in rendering service but of defect in the goods purchased by the complainant. The contention therefore that the opposite parties are guilty of

Please Login To View The Full Judgment!

deficiency of service in selling defective machinery is totally unsustainable. 8. The preliminary point is found against the complainant and it is held that the complainant as buyer of machineries for commercial purpose is not a consumer and the complaint is not maintainable. 9. In the result, the complaint fails and is dismissed but without costs. Complaint dismissed.
O R