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J.M.MALIK, S.M.KANTIKAR
Max Infra (India) Ltd. , Rep. by its Chairman, Dr. M. S. Phani Kumar – Appellant
Versus
Ashok Leyland Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainant :Mr. Rajagopala Rao, Advocate With Mr. M. Prasad, Law Officer.

ORDER :

J.M. Malik, Presiding Member —The present complaint has been filed by M/s. Max Infra (I) Ltd. against M/s. Ashok Leyland Ltd, and its three employees. The key controversy swirls around the question, “Whether, the complainant is a consumer?”.

2. Paras 1, 2, 3, 4 & 5 of the complaint are reproduced as follows :-

1. The complainant, Max Infra India Ltd. is a company incorporated under the Companies Act, 1956 in the year 1999 having its registered office at Plot Nos.319 and 320, East Avenue, Ayyappa Society, Madhapur, Hyderabad-500081, A.P. and engaged in construction works.

2. The Opposite Party No.1 is an Indian automobile manufacturing company registered under the Companies Act, 1956 having its registered office at No.1 Sardar Patel Road, Guindy, Chennai-600032. O.P. Nos.1 & 2 are the Managing Director and the Manager (Marketing) respectively of OP NO.1 whereas OP No.4 is the authorized dealer of the OP No.1.

3. The complainant company placed a PurchaseORDER dt.17.08.2011 on M/s Automotive Manufacturers Pvt. Ltd. (OP NO.5) for the supply of 10 Tipper Vehicles manufactured by the Opposite Party at the unit price of Rs.24,74,176/- each, total being Rs.2,85,92,665/-.

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