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INDER JIT SINGH
Vivek Poddar – Appellant
Versus
Shambhoo Dayal Agrawal – Respondent
ORDER
The present Revision Petition (RP) has been filed by the Petitioners against Respondent as detailed above, against the order dated 12.06.2018 of the State Consumer Disputes Redressal Commission, Madhya Pradesh (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No.949 of 2008 in which order dated 05.02.2008 of District Consumer Disputes Redressal Forum, Gwalior (hereinafter referred to as District Forum) in Consumer Complaint (CC) No.481 of 2007 was challenged, inter alia praying for setting aside the order dated 12.06.2018 of the State Commission.
2. While the Revision Petitioner(s) (hereinafter also referred to as Opposite Party(s)) were Appellant(s) before the State Commission and OP before the District Forum and the Respondent (hereinafter also referred to as Complainant) was Respondent before the State Commission in FA No.949 of 2008 and Complainant before the District Forum in Complaint No.481 of 2007.
3. Notice was issued to the Respondent on 26.09.2018. Parties filed Written Arguments on 10.10.2023 (Petitioner) and 17.10.2023 (Respondent) respectively.
4. Brief facts of the case, as presented by the Complainant and as emerged from the RP, Order o
Revisional Jurisdiction of National Commission is extremely limited, it should be exercised only within parameters specified in provision.
The definition of 'consumer' encompasses individuals using goods for self-employment, not solely for resale, as per the Consumer Protection Act.
Replacement of Machine – Opposite Parties cannot be directed to replace the machine with new one since it was used by the Complainant for 10 months from January 2012 to November 2012 when the first c....
The requirement of substantial evidence to support claims of manufacturing defects in consumer protection cases is essential for claims to be upheld.
(1) Evidence - The District Forum in pursuance of its mandate under Section 13 was required to have the necessary evidence produced before it prior to drawing an adverse inference.(2) Order to replac....
(1) Usage of goods for earning livelihood does not affect status as a consumer. (2) Revision Petition being used to gain unjust adjournment to extend the matter further.
Revisional jurisdiction - Only in a case where it is found that the State Commission has exercised its jurisdiction not vested in it by law, or has failed to exercise the jurisdiction so vested illeg....
Manufacturing defect—Onus to prove manufacturing defect by way of inspection by an Expert would lie upon Complainant’s side—But this cannot be a water tight proposition in all cases.
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