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2025 Supreme(Online)(SCDRC) 2301

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
SRI. B. SUDHEENDRA KUMAR, CJ, SRI. RADHAKRISHNAN.K.R, J
Joy Varkey alias Sebastian V.V. S/o George – Appellant
Versus
Regional Manager, Piaggio Vehicles – Respondent


Advocates:
For the Appellants/Petitioners: R. Raja Raja Varma
For the Respondents: Binu Mathew, S. Reghukumar

JUDGMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT The appellant is the complainant in C.C. No. 428/2013 on the files of the District Consumer Disputes Redressal Commission, Ernakulam (for short, “the District Commission”).

2. The complainant is a driver by profession. The complainant purchased a Piaggio Ape mini pickup van for Rs. 2,06,000/- (Rupees Two Lakh Six Thousand only) from the second opposite party for the purpose of earning his livelihood by means of self-employment. He availed a loan of Rs. 1,75,000/- (Rupees One Lakh Seventy Five Thousand only) from M/s Corporation Bank, Edappally for purchasing the vehicle. The vehicle showed several defects including mal function of the speedometer, defective brake system, recurring engine failure, starting problem, abnormal vibration, rusting inside the body and the chassis etc. The vehicle was entrusted with the second opposite party for service. However, it was returned on the very same day. However, since the defects recurred, the complainant could not utilize the vehicle properly to earn his livelihood and in the said circumstances, he could not properly repay the loan instalments and hence the bank had taken coercive

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