Case nº Consumer Complaint No. 93 of 2014 of National Consumer Disputes Redressal Commission, May 22, 2014 (case Max Infra (India) Ltd. Vs Ashok Leyland Ltd.)

JudgeFor Appellant: Rajagopala Rao, Advocate and M. Prasad, Law officer
PresidentJ.M. Malik, J. (Presiding Member) and Dr. S.M. Kantikar, Member
Resolution DateMay 22, 2014
Issuing OrganizationNational Consumer Disputes Redressal Commission

Order:

J.M. Malik, J. (Presiding Member)

1. 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?". Paras 1, 2, 3, 4 and 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 and 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 Purchase Order dated 17.8.2011 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.

A copy of the Purchase Order date 17.8.2011 is annexed hereto as Document No. 1.

4. That since the complainant company had taken finance from M/s. Srei Equipment Financial Pvt. Ltd., a Master Operating Lease Agreement date 20.8.2011 was entered into between the complainant company and the aforementioned M/s. Srei Equipment Financial Pvt. Ltd.

A copy of the Master Operating Lease Agreement dated 20.8.2011 between Max Infra (I) Ltd. and M/s. Srei Equipment Financial Pvt. Ltd. is annexed hereto as Document No. 2.

5. That upon delivery of the Tippers, M/s. Automotive Manufacturers Pvt. Ltd. raised invoices on various dates i.e. 27.8.2011, 29.8.2011, 6.9.2011 and 30.9.2011 in respect of the ten vehicles.

Copies of the invoices dated 28.8.2011, 29.8.2011, 6.9.2011 and 30.9.2011 are collectively annexed hereto as Document No. 3.

2. The complainant has made the following prayers:

(i) Direct the opposite parties to replace the ten defective Tipper Vehicles purchased by the complainant from the opposite parties under Purchase Order dated 17.8.2011, with new properly functional vehicles;

Or

In the alternative, refund the amount of Rs. 2,85,92,665 paid by the complainant to the opposite parties, along with interest @ 15% p.a. from the date of the complaint till the payment;

(ii) Direct the opposite parties to pay further compensation of Rs. 2,00,000...

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