State consumer commission grants no relief as manufacturer not made party

Written By Unknown on Jumat, 07 Maret 2014 | 22.23

MUMBAI: The Maharashtra state consumer commission on Thursday set aside an order of the Mumbai suburban district forum against a plywood store after holding that the buyer had not proved that he had purchased defective goods.

The Commission also held that the consumer had not made the manufacturer a party to the dispute as was necessary and had failed to provide a proper expert report.

The commission set aside a 2012 order, observing that the "district forum overlooked vital aspects and arrived at a perverse conclusion which cannot be supported in the eyes of law." The vital aspects were a proper report by an expert who ought to have looked at the entire furniture made with the plywood and not merely after looking at pieces of plywood as was done.

Paresh Parekh, a Kandivli resident, had moved the forum after alleging that ply wood he purchased from a store in Kandivli was of poor quality though he had paid Rs 1.5 lakh in 2004.

The store said the plywood was of good quality and said the complaint was filed as he owed the store money and had not made the entire payment.

"The Complainant has failed to produce on the record an expert evidence as contemplated under Section-13(1)(c) of the Consumer Protection Act, 1986; about the quality of plywood sold to him for proving his case of sale of defective goods,'' the commission panel comprising president Justice R C Chavan and member D Khamatkar held.


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