08-06-2016  Heard the parties.

2. The case of the Petitioner – JMA Stores Ltd. in short is as follows. It is a separate company. It is a dealer of Tata Motors Ltd. The hire

purchase agreement was entered into between the Complainant and Tata Motors Ltd. It was simply acting as a dealer/agent of Tata Motors Ltd. The Complainant wrongly clubbed two separate companies, in the complaint petition as O.P. -1. In the execution case distress warrant has been wrongly issued against ‘O.P. -1, Tata Motors Ltd., JMA Stores Ltd, Bokaro’. Tata Motors Ltd is now known as Tata Motors Finance Ltd.

3. According to the Tata Motors Finance Ltd, it is a separate legal entity than Tata Motors Ltd. It is not a party to the proceeding and it has been unnecessarily dragged into this case.

4. According to the Complainant, JMA Stores Ltd. acted as a dealer/agent of Tata Motors Ltd. However, in the interest of justice the complainant be permitted to amend the cause title of the complaint petition by describing the O.Ps. correctly for which a petition has been filed.

5. It appears that the Complainant wrongly clubbed two companies – “JMA Stores Ltd.” and “Tata Motors Ltd.” as O.P. -1. It also appears that the hire purchase agreement was entered into between the Complainant and Tata Motors Ltd. JMA Stores Ltd. acted as the dealer/agent of Tata Motors Ltd. J.M.A. Stores Ltd. should have pointed out this before the District Forum. Tata Motors Ltd. should have been made party in the complaint petition independently and should have been given a chance to defend itself.

6. In our opinion, in view of the order we propose to pass, it is not necessary to call Tata Motors Ltd., for the disposal of this case. Moreover, the Complainant is entitled to implead proper/necessary parties in the complaint petition.

7. In the facts and circumstance of the case, and in the interest of justice, we pass the following order.

1. In the District Consumer Forum, Bokaro, in CC No. 33 of 2010, the Complainant is permitted to amend the description of the opposite parties in the following manner:-

1. Tata Motors Ltd. having its registered office at Bombay House, 24, Homi Mody Street, Mumbai, 400001 and having one of it’s local office at Hans Stoehr Road, Telco Town, Jamshedpur – 831004.

2. JMA Stores Ltd., K.B.-8, City Centre, Sector-IV, Bokaro Steel City, Bokaro - 827004.
3. Tata Motors Finance Ltd., having it’s registered office at 3^rd Floor, Nanavati Mahalaya, 18, Homi Mody Street, Fort, Mumbai – 400001 and state office at Hans Stoehr, Road, Telco Town, Jamshedpur – 831004.

2. The judgment dated 03.02.2014 passed in the said CC No. 33 of 2010 by District Consumer Forum, Bokaro and the Execution Case No. 19 of 2014 arising therefrom are set aside due to wrong impleadment of parties, by the Complainant.

3. Learned counsel appearing for the Tata Motors Finance Ltd. undertakes to communicate this order to Tata Motors Ltd. 

4. The parties will appear before the District Consumer Forum, Bokaro at 11 am on 11^th July, 2016. The copy of the complaint petition and the documents relied on behalf of the Complainant will be supplied to the O.Ps. by the Complainant.

5. The learned District Forum will decide the complaint case afresh after giving opportunity to the parties. The parties are directed to cooperate in early disposal of the case. However, if any party delays the matter unnecessarily, the District Forum may proceed ex-parte against such party.

6. It is made clear that this order will not prejudice the parties, as this Commission has not gone into the merits of their respective cases.

8. With these observations and directions, this revision petition stands disposed off.

Issue free copy of this order to all concerned for information and needful.

Ranchi,

Dated: 08-06-2016