A sold a harvest machine to B. He described and assured that the machine is new one without any defect. But afterwards B found that the machine was a very old and damaged one. So B filed a suit to set aside the sale. Will he succeed?
B can succeed to set aside the sale by A.
Under Consumer Protection Act 1986, as per Sec. 2 (1) (c) (ii), a complaint can be lodged before the District Consumer Forum by B if the goods bought by him suffer from defects.
“Defect” is defined under Sec. 2 (1) (f) of the Act as ‘any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or (under any contract, express or implied, or) as is claimed by the trader in any manner whatsoever in relation to any goods’.
In the instant case, the trader (seller) has assured the buyer that the machine sold is a new one without any defect but on the other hand, it was an old one and damaged.
The same view was held in J.D. Sharma Vs.
M/s. Maruti Udyog Ltd., 1991 (1) CPR 436, P 422.
Here ‘A’ must have purchased the harvest machine for his self use or for the purpose of earning his livelihood by means of self employment and not for commercial purpose.
The Consumer Protection Act is an additional relief not in derogation of any other law as per Sec. 3 of the Act and hence A has the right to file a suit in a Civil Court for breach of contract under Sec. 73 the Indian Contract Act, 1872 and also under Sec. 59 of Sale of Goods Act, 1930.