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SUBHASH CHANDRA, SADHNA SHANKER
Volvo India Private Ltd. – Appellant
Versus
Krishna Construction and Transportation – Respondent


Counsel for the Parties:
For the Appellants:Mr. A. R. Takkar, Advocate
For the Respondent for Alpha Technical Services Pvt. Ltd.:Ms. Himani Bhadhauria, Advocate with Mr. Gaurav Pal, Advocate with Authority Letter
For the Krishna Construction & Transportation:Mohd. Parvez Dabad, Mr. Uzmi Jameel Husain, Mohd. Shakim, Mr. Nikilesh R. and Mr. Anuj Panwar, Advocates

ORDER

Dr. Sadhna Shanker, Member—These two appeals have been filed under section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’) in challenge to the Order dated 25.04.2013 of the State Commission in complaint no. 09 of 2007 whereby the complaint was partly allowed.

2. We have heard the learned counsel for Volvo India Pvt. Ltd. (hereinafter referred to as the ‘manufacturing company’); learned counsel for Alpha Technical Services Pvt. Ltd. (hereinafter referred to as the ‘dealer’) and the learned counsel for M/s Shri Krishna Construction and Transportation (hereinafter referred to as the ‘complainant’) and perused the record including the State Commission’s impugned Order dated 25.04.2013 and the memoranda of appeals.

3. The matter was heard on 22.11.2023 and both the counsel for the appellants addressed the bench on the issue of maintainability of the complaint and the Order was reserved to first decide the issue of maintainability of the complaint.

4. The brief facts of the case are that the complainant, through its proprietor Sh. Balbir Singh Kathaiat, had purchased an excavator machine from the manufacturing company through the dealer and the same w

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