Legal Question in Consumer Law in India

respected sir/madam

i have filed a case of fraud, misleading and deficency in service against a truk manufacturer and dealer, in consumer court.

i won the case and get compensation in district forum. but the compensation was not enough, it was almost 70% of the actual amount demanded.

then me and opposite party file the case against each other in state consumer forum.

opp. party filed against order, and me for more compensation. In the state, judge dismiss my appeal aswell as dist. consumer forum's order. they state that i'm not a consumer as i was using a commercial vehicle. whereas i clearly mentioned in the appeal that the vechile was financed by bank. and it was for earning purpose. During the final argument stage judge noticed and mentioned the fraud, misleading and deficency in service against a truk manufacturer and dealer, but the orders was surprisingly different. my case was solid and i have solid proof in favour of me, which he himself mentioned during arguments process/hearings. but judge mention in his order that i'm not a "consumer" under consumer protection act 1986 and i have to go for civil suit. But, if i'm not a consumer under act, then why he mentioned other things in his order, that there was not any defficiency in service and there wasn't any fraud by the dealer, totally diffrent from earlier hearings. his order has made my civil suit also loose/weak as he mentioned his irrelevent statements with his order.

My question is:

1) whether his statements will effect my civil suit case in court?

i.e. whether the civil judge will consider the pleadings of state consumer court's judge?

2) can i file both, civil and national consumer case?

if not wich one will suits me better?

3) is it possible for me to ammend/add few pleadings that my advocate forgets to add, in National commission?

4) is it possible that a judge can be sold or bribed according to my case.

5) if i sold that truck, that will dissolve my case?


Asked on 8/25/09, 3:22 pm

2 Answers from Attorneys
Mahesh Gupta Medico-legal Advocates and Consultants

NOTE-- The replies below are tentative since detailed facts are not known.

***

1) whether his statements will effect my civil suit case in court?

i.e. whether the civil judge will consider the pleadings of state consumer court's judge? >> Possibly no.

2) can i file both, civil and national consumer case? if not wich one will suits me better?

>> >> You can, as long as the subject matter and the relief prayed are different.

3) is it possible for me to ammend/add few pleadings that my advocate forgets to add, in National commission? >> Yes, but with court's permission.

4) is it possible that a judge can be sold or bribed according to my case. >> It is better not to think along those lines.

5) if i sold that truck, that will dissolve my case? >> No

M C Gupta

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Answered on 8/25/09, 3:34 pm
Pawan Jangid

A person is not a consumer if he purchases goods for commercial purpose or resale purpose. Order passed by State Commission is in consonance with the law. You should file a civil suit, the findings of state commission will not impart any impact as the suit will follow its own procedure and evidences.

You should desist yourself commenting on bench, more particulary when you do not have any knowledge of law.

Preferring appeal to National commission will not be a wise move. also at apellate stage, new facts can not be submitted without court's permission. Selling your vehicle will not affect your right to claim in your suit.

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Answered on 8/26/09, 3:23 am


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