Supreme Court of India
M/s Daimler Chrysler India Pvt. Ltd. v. M/s Controls & Switchgear Company Ltd. & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the opinion that the interest of justice and balance of equity would be met if the respondent-complainant is permitted to retain the car in question and the appellant is directed to refund Rs. 36 lakhs instead of Rs. 58 lakhs as directed by the National Commission in the impugned order.
Judgment, page 20
From the headnote
Issue for Consideration Issue arose as regards the purchase of a vehicle/good by a Company for the use/personal use of its directors, if would amount to purchase for “commercial purpose” within the meaning of s. 2(1) (d) of the Consumer Protection Act, 1986; in the matter pertaining to overheating of the car, the National Commission, if justified in awarded the compensation by directing the appellants to refund the purchase price-Rs. 58 lakhs approx. to the complainant, and take back the car; and National Commission, if justified in directing the appellants to pay a sum of Rs. 5 lakhs to the
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