L.MANOHARAN, K.MADHURI LATHA
B. JAYAKUMAR – Appellant
Versus
BHARATH EARTH MOVERS LIMITED – Respondent
Mr. Justice L. Manoharan, President— This complaint under Section 17 of the Consumer Protection Act, 1986 (for short 'the Act') is for a direction for payment of Rs. 20 lakhs as compensation. The allegations in brief are; on 8.8.1995 the opposite party placed an invoice with the complainant offering the sale of a Backhoe Loader needed for the purpose of bulk movement of earth for total consideration of Rs. 14,57,500/- inclusive of tax. The ex-factory price of the equipment is Rs. 12,50,000/-, that was accepted by the complainant at Kalady in Ernakulam District. The opposite party thereupon sent the equipment on 31.10.1995 and the sale certificate was issued on 9.11.1995; and on 16.11.1995 the Shipping Officer of the opposite party at Bangalore prepared the invoice for the removal of the equipment to Kalady. Warranty Card for the same was also handed over to the complainant. On 22.11.1995 a representative of the opposite party deputed by the Kochi Office of the opposite party inspected the equipment at Kalady and issued the delivery inspection report. Thereafter on 1.12.1995 it was found that the Back Hoe of equipment was not working properly and hence the mobile control value
8. I (1996) CPJ 324 (NC). (Referred)
9. I (1997) CPJ 107 (NC). (Discussed)
10. II (1992) CPJ 754. (Referred)
11. II (1996) CPJ 239 (NC). (Referred)
12. II (1997) CPJ 455. (Referred)
1. II (1995) CPJ 1 (SC). (Followed)
2. 1997 (1) SCC 131. (Followed)
4. III (1997) CPJ 195. (Followed)
5. II (1997) CPJ 241. (Referred)
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