In the case of M/S. Nitesh Colour Lab vs M/S. Jindal Photo Film Ltd. & 5 Ors., decided on November 26, 2024, by the National Consumer Disputes Redressal Commission (NCDRC), the complainant, M/S. Nitesh Colour Lab, had purchased two digital mini lab frontier machines from Jindal Photo Film Ltd., which were financed through ICICI Bank Ltd.
Brief Facts:
- Purchase and Financing: M/S. Nitesh Colour Lab acquired two digital mini lab frontier machines, along with associated equipment, imported by Jindal Photo Film Ltd. from Japan and manufactured by Fuji Photo Film Co. Ltd. The purchase was financed through ICICI Bank Ltd.
- Operational Issues: Approximately two months post-purchase, the machines exhibited defects, leading to client complaints. Despite multiple repair attempts by Jindal Photo Film Ltd., issues such as malfunctioning gears and frequent dryer belt replacements persisted.
- Complaints Filed: The complainant filed two consumer complaints (Nos. 21/2006 and 193/2007) before the State Consumer Dispute Redressal Commission, Delhi, seeking repair or replacement of the defective machines, compensation for losses, and other reliefs.
Final Judgment:
The State Commission dismissed both complaints on February 1, 2017, noting that the machines had been sold during the pendency of the proceedings, rendering it impossible to ascertain manufacturing defects or execute directions for their return.
Upon appeal, the NCDRC upheld the State Commission’s decision, emphasizing that the sale of the machines precluded the determination of any manufacturing defects.
Additionally, the NCDRC addressed the respondents’ contention that the complainant did not qualify as a “consumer” under the Consumer Protection Act, as the machines were purchased for commercial purposes.
The Commission referred to precedents, including Rajeev Gulati v. Tata Engineering & Locomotive Co. Ltd., to support the view that once the subject matter is sold, the complainant is not entitled to any compensation.
Consequently, the NCDRC dismissed both appeals, aligning with the State Commission’s findings.