M.R.F. LTD. versus JAGDISH LAL AND ANR.

M.R.F. LTD. versus JAGDISH LAL AND ANR.

When the complainant is not in possession of the goods alleged to be defective, and the goods have been handed to the dealer and sent to the appellant, the procedure prescribed under Section 13(1)(c) Consumer Protection Act, 1986 cannot be followed. Without evidence showing the goods were returned to the complainant, no fault lies in the fora not following the procedure.

Parties
Appellant: M.R.F. LTD.; Respondent: Jagdish Lal; Respondent: ANR.
Jurisdiction
India
Judgment Date
05 May 1999
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Procedure for Determination of Defect in Goods, Application of Section 13(1)(c) Consumer Protection Act
Consumer Protection Law Procedure for Determination of Defect in Goods Application of Section 13(1)(c) Consumer Protection Act

Case Brief

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Parties

M.R.F. LTD.

Appellant

Jagdish Lal

Respondent

ANR.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the District Forum was required to follow the procedure under Section 13(1)(c) of the Consumer Protection Act, 1986 for determining defect in goods when the complainant is not in possession of the goods.

Ratio Decidendi

When the complainant is not in possession of the goods alleged to be defective, and the goods have been handed to the dealer and sent to the appellant, the procedure prescribed under Section 13(1)(c) Consumer Protection Act, 1986 cannot be followed. Without evidence showing the goods were returned to the complainant, no fault lies in the fora not following the procedure.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed. No costs.