NCDRC

NCDRC

RP/2920/2006

MR. RAJIV BAL AND ANR. - Complainant(s)

Versus

FORD INDIA LTD AND ANR. - Opp.Party(s)

ABHINAV VASHISHT AND ASSOCIATES

24 Aug 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2920 OF 2006
 
(Against the Order dated 21/07/2006 in Appeal No. 208/2001 of the State Commission Delhi)
1. MR. RAJIV BAL AND ANR.
PROPROCTOR - MEGHNA EXPORTS , FLAT NO, 3388;SECTORE -D. POCKET 3.L VASANTKUNJ
NEW DELHI
110030
...........Petitioner(s)
Versus 
1. FORD INDIA LTD AND ANR.
PO, BO X NO. 9924. WORLI ROAD , 13.
MUMBIA
400018
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. B. GUPTA, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr. Naveen Kumar Chaudhary, Advocate
Mr. Rajesh Kumar Verma, Advocate
For the Respondent :
Mr. K.K. Sharma, Advocate & Ms. Reeta Mishra, Advocate for R-1
Mr. Surendra Goel, Advocate for R-2

Dated : 24 Aug 2011
ORDER

 

PER MR. SURESH CHANDRA, MEMBER
 
This revision petition has been filed by the complainants against the two respondents who were OPs -1 & 2 respectively before the District Forum against the order dated 21.7.2006 of the Delhi State Consumer Disputes Redressal Commission (‘State Commission’ for short) by which the State Commission has upheld the order dated 6.12.2000 of the District Forum accepting the complaint of the petitioners with regard to the refund of sum of Rs.37,330/- by respondent no.2 but has set aside part of the order of the District Forum awarding interest @ 12% on that amount and Rs.2,000/- as cost of litigation by substituting the amount of interest and the cost by a lumpsum compensation of Rs.10,000/- including cost of litigation. At the time of admission hearing, the revision petition was admitted only on the point of interest vide our order dated 13.10.2002 and notice was issued to the respondents accordingly.
 
2.         We have heard counsel for the petitioners and the respondents. It is to be noted that appeals were filed both by respondent no.2/OP-2 as well as complainants, who are petitioners herein. While upholding the finding of facts returned by the District Forum, the State Commission modified the order of the District Forum in regard to the relief in respect of the grant of interest and the cost of litigation and substituted the same by awarding a lumpsum amount of compensation and disposed of the two appeals. During the course of hearing, it is pointed out by the counsel for the petitioners that another Revision Petition no.3705 of 2006 which was filed by OP-2 against the impugned order before the National Commission has already been dismissed by this Commission vide its order dated 23.5.2007. Learned counsel for the petitioners has, however, submitted that since the payment of excess amount of Rs.37,330/- by the petitioners to respondent no.2 has been confirmed by both the fora below, it would be appropriate to confirm the order of the District Forum by which interest @ 12% on the excess amount was allowed along with cost of Rs.2,000/-. The lumpsum compensation of Rs.10,000/- awarded by the State Commission vide its impugned order is not enough to compensate the petitioners for the loss suffered by them. Taking into consideration the concurrent finding of fact by the fora below, limited notice issued in the matter and the order dated 23.5.2007 of this Commission in RP No.3705 of 2006, we do not see any reason or justification to interfere with the impugned order while exercising our revisional jurisdiction in the matter. Under the circumstances, the revision petition stands dismissed and the impugned order of the State Commission is confirmed.
 
 
......................J
V. B. GUPTA
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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