Legal Advice

Can an owner of a truck file a case in the consumer forum for deficiency in service?

Question: Is it possible for the owner of a truck to file a case in the consumer forum for a deficiency in service? I bought a truck for the purpose of earning money, but after a while, I discovered several issues with it. Despite making multiple complaints to the showroom and the truck company's officers, no action was taken. As a result, I suffered sign-`ificant losses since I was unable to use my truck and earn from it.  Nonetheless, I have been paying my monthly instalments on time with the hope that the company would resolve the issue. However, after numerous requests and notices, they declined to fix the problems. Consequently, I filed a case in the consumer forum. However, the company's lawyer argues that since the truck was purchased for commercial purposes, the case before the consumer forum is not maintainable. I need help determining whether or not my case is maintainable.

Advise

Your case is maintainable because you have not been using your truck for the commercial purpose. If the owner of a commercial vehicle uses it for his self employment it cannot be said that the vehicle is purchased for its commercial use. 

You should take the support of ruling and law laid down by the supreme court in laxmi Engineering (1995) 3SCC 583. In this case the supreme court has held that use of commercial vehicle for self employment or for the purpose of livelihood the purchaser of goods is yet a consumer. 

Therefore, you are still a consumer in Section 2 of the Consumer Protection Act. hence you have full right to invoke the provisions of consumer protection act for any deficiency in service on the part of the vehicle company.  

Shivendra Pratap Singh

Advocate

High Court Lucknow