NCDRC

NCDRC

RP/3988/2009

NANAVATI MOTORS - Complainant(s)

Versus

ANUPAM A. GUPTA - Opp.Party(s)

MR. SANDEEP CHATURVEDI

05 Nov 2009

ORDER

Date of Filing: 27 Oct 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3988/2009
(Against the Order dated 29/06/2009 in Appeal No. 461/2008 of the State Commission Gujarat)
1. NANAVATI MOTORSThroug Its Managing Director. Reliance Towers. Piplod. Surat. Dumas Road. Surat. Gujarat ...........Appellant(s)

Vs.
1. ANUPAM A. GUPTARes. Of B/46, tirupatinagar Piplod. Surat. Gujarat ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. SANDEEP CHATURVEDI
For the Respondent :NEMO

Dated : 05 Nov 2009
ORDER

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          Delay of 30 days in filing the Revision Petition is condoned.

          Complainant/respondent filed a complaint against the petitioner seeking quashing of the bill for Rs.1,29,497/- on the ground that the same was inflated and exaggerated.   District Forum quashed the

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said bill given by the petitioner for repair of the car and instead, directed the petitioner to recover Rs.5,000/- towards repairs and hand over the custody of the said car in working condition to the complainant.  Petitioner was further directed to pay Rs.7,000/- towards mental and physical strains to the complainant.

          The State Commission has dismissed the appeal filed by the petitioner.

          Admittedly, petitioner did not appear before the District Forum.  No Written Statement has been filed.  District Forum allowed the complaint taking the facts stated in the complaint duly supported by affidavit of the respondent, to be correct.  State Commission has dismissed the appeal on the ground that in the absence of any defence, the District Forum had rightly allowed the complaint taking the facts stated in the complaint, which were duly supported by affidavit in evidence filed by the respondent, to be correct. 

We agree with the view taken by the fora below.    In    the


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absence of any defence having been raised, the fora below were right in allowing the complaint taking the facts stated in the complaint to be correct.  Revision Petition is dismissed.  No costs.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER