Legal Question in Consumer Law in India

consumer protection act

financer of a commercial tipper vehicle had appointed an arbitrator to realise the deficit amount after selling the vehicle.I agreed to arrive at a full and final settlement after paying a agreed amount within a stipulated period.The terms of settlement was presented before the arbitrator to pass an award as per the terms of settlement which stipulated that I would pay the agreed amount before 31/5/08 through DD faling which the award would be immediately executable and if I pay the full amount before due date the financer would issue the NOC within 7 working days of receiving the full amount failing which the entore amount which I had paid would be refunded to me.They failed to give the NOC within the stipulated period and gave it after 25 days,after receiving notice from the district consumer forum which I had approached to claim refund as per terms of settlement.Question no(1)-is the dist.cons.forum competent to adjucate.(2)-can i be considered ''consumer''if bought vehicle for self-employment?

(3)-is my claim legally tenable?


Asked on 11/01/08, 12:31 am

4 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: consumer protection act

yes but you may get only the losses u incurred due to that delay. if you didnt incurr any losses then u may not get anything.

show the proofs of losses so that they can be taken into consideration

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Answered on 11/01/08, 3:13 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: consumer protection act

Your facts are not clear. Please write the two litigations separately - arbitration proceedings and consumer forum - in a chronological order.

You may clarify :

(a) What was the Arbitration Award;

(b) How were you prejudiced with issuance NoC after 25 days instead of 7 days ?

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Answered on 11/01/08, 9:35 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: consumer protection act

1)Yes 2)Yes 3)Yes

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Answered on 11/07/08, 8:47 am
Nasir Butt Nasir Law Associates

Re: consumer protection act

Commercial user does not fall within definition of "Consumer". Jurisdiction of Consumer Court is restricted to the extent of "Consumer" only and you about your status! Since you have accepted NOC after even after 7 days, i.e., 25 days, it implies that you have waived off your right to put the opposite party into default or wrong side. Your claim could be filed in Civil Court, but your conduct to accept NOC has thrown you away from legal remedy.

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Answered on 11/01/08, 11:05 pm


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