NCDRC

NCDRC

RP/3131/2012

GURVINDER SINGH GREWAL - Complainant(s)

Versus

AUDI INDIA & ANR. - Opp.Party(s)

MR. RANJIT SINGH

04 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3131 OF 2012
 
(Against the Order dated 03/07/2012 in Appeal No. 40/2011&207/2012 of the State Commission Haryana)
1. GURVINDER SINGH GREWAL
R/O 20-A Jangpura-A
New Delhi - 110 014
Delhi
...........Petitioner(s)
Versus 
1. AUDI INDIA & ANR.
Through Michael Parschke Coutry Head (Audi India) Volkswagen Group Sales India Pvt Ltd, 3rd North Avenue, Level 3 Maker Maxity Bandra Kurla Complez, Bandra East
Mumbai - 400 051
Maharastra
2. ZENICA CARS INDIA PVT. LTD.
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :
Mr. Rajnit Singh, Advocate
For the Respondent :
Mr. V.M. Srivastava, Advocate for R-1
Mr. Bhaskar Tiwari, Advocate for R-2

Dated : 04 Oct 2012
ORDER

PER JUSTICE R.C. JAIN, PRESIDING MEMBER (ORAL)

 

 

          Order dated 03.07.2012 passed by the Haryana State Consumer Disputes Redressal Commission; Panchkula (for short the ‘State Commission’) in C.M. No. 207 of 2012 in C.C. No. 40 of 2011 is under challenge before this Commission.  By the impugned order, the State Commission has dismissed the above numbered Civil Miscellaneous application moved on behalf of the complainant-applicant seeking extension of time granted to the parties in the order dated 21.02.2012, by which the complaint was finally disposed of pursuant to a settlement reached between the parties.  The State Commission has dismissed the application for extension of time primarily on the ground that it has no power to recall or review its order going by the decision of Supreme Court in the case of Rajeev Hitendra Pathak & Ors. Versus Achyut Kashinath Karekar & Another Vol. IV (2011) CPJ 35 (SC)

2.      We have heard the learned counsel for the parties and have considered their submissions.  It appears that but for the lack of jurisdiction in the State Commission to review its order and to extend the time, perhaps the State Commission would have acceded to the request of the petitioner made in the application because the request was for extension of time pursuant to a settlement reached between the parties.  Counsel for the respondent submits that the petitioner has defaulted in adhering to the commitment made by him and it had not paid a sum of Rs. 8,81,000/- to the respondent within seven days from the passing of the order dated 21.02.2012 which has resulted into some further loss/injury as the car has further depreciated in value.

3.      Having considered the matter and the fact that a settlement was reached between the parties and that the petitioner has explained the circumstances why he could not make the payment of sum of
Rs. 8,81,000/- within the stipulated period of seven days, we are of the view that the extension of time should be allowed to the petitioner for one week from today to make the payment of the said amount of
Rs. 8,81,000/- plus Rs. 25,000/- for the loss and injury caused due to the delay in making the payment.

4.      The Revision Petition is disposed of in the above terms.

          Copy of the order dasti to the counsel for the petitioner. 

 

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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